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Full text of "Proposed charter : City and County of San Francisco : first discussion draft"

5 



STAi 




San Francisco Public Library 



GOVERNME7 T INFORMATION CENTER 

SAN FRAN-., -C LIBRARY 

CIVIC CENTER 

BAN PRANdSCO, CALIFORNIA 94)02 



REFERENCE BOOK 

Not to be taken from the Library 



NOV 8 



2002 



Digitized by the Internet Archive 

in 2012 with funding from 

California State Library Califa/LSTA Grant 



http://archive.org/details/proposedcharterc1980sanf 






SAN FRANCISCO CHARTER COMMISSION 



PROPOSED CHARTER 



16 January 1980 - First Draft 

1 1 June 1 980 - Second Draft 

21 July 1980 -Third Draft 

7 August 1980 - Final Draft 



3 1223 06280 3490 
3 1223 06280 3599 
3 1223 06280 3581 
3 1223 06280 3573 



C33 

PEOPDSED 



San Francisco Charter Commission 



^PROPOSED 

CHARTER 

CITY and COUNTY of SAN FRANCISCO 

16 January 1980 

% FIRST DISCUSSION DRAFT 
Not For Release 



Wilson Chang, 

Chair 
Jack Morrison, 

Vice Chair 
Rodney Johnson, 

Secretary 

Frank Fitch, 
Treasurer 
Thomas Cahill 
Agnes Chan 



Eulalio Frausto 
James Haas 
Pat Jackson 
Leo Jed 

Haig G. Mardikian 
Ru Schultz 
Steven A. Waldhorn 
Samuel W Walker 
Jack Webb 



DOCi 



Glen W Sparrow, 
Executive Director 



170 RHI Street,R<x>m KvSan FranctscuCA<>4H)2 (415)552-7X87 



(1) 

TO TEE PEOPLE OF SAN FRANCISCO 

Below you will find the first discussion draft of the revised charter of the City 
and County of San Francisco. The draft is not written in final legal language, and it 
does not deal completely with all of the issues. It may not make all of the changes 
you as a resident of San Francisco would like to see; it may make too many; it may make 
what you consider to be mistakes. All of the charter commissioners do not support all 
of the proposals , but they do agree that it should be distributed in its present form 
in order to stimulate discussion. We. hope that you will take this opportunity to study 
our work to date and make your views known to us. 

WHAT IS TEE CEARTER? 

The charter of the City and County of San Francisco is similar to the Constitution 
of the United States or the State of California. It is a grant of power from the people 
to create a municipal government . The charter determines the structure, scope, and limits 
of San Francisco's government. For example, the charter both provides for a mayor, a 
board of supervisors , appointed officials , boards and commissions, and states the powers 
and responsibilities of those officers. It outlines the rules for the administration of 
government. In effect, it allows the people of San Francisco to regulate their own 
affairs within the limits allowed by state law. 

This charter will also eventually be accompanied by a document which provides for 
an orderly transition from the old to the new. The transition document, which has the 
force of law, phases in the new charter so as to cause the least possible disruption 
in city government. 

WHAT IS TEE CEARTER COMMISSION? 

California state law provides for the formation of a commission to revise or redraft 
the charter of a city and/or county. Most charter commissions are appointed, but 
San Francisco voters in June, 1978, decided instead to create an elected commission, 

4 48545 SFPL: ECONO JRS 
146 SFPL 10/25/02 7 



(2) 

reflecting a desire for an independent body. As a result the San Francisco Charter 

Commission is unique in California and for that matter in the United States. Being 
independent of city government is another reason for us to involve the public in our 
work: we are responsible to you and to no one else. 

WHAT IS THE CHARTER COMMISSION DOING? 

During the last year the Commissioners studied the issues involved with city 
government , held public hearings to determine problems in city government, met with 
community leaders, organizations, and individuals to learn their opinions, and spent 
hundreds of hours in deliberations. All of the proceedings of the commission have been 
open, andwe have actively encouraged citizen participation. 

The Commission has just finished this first discussion draft. After we hold public 
hearings in February and receive your comments, We will prepare a second draft in April. 
After a second set of hearings a final draft will be prepared and submitted to the clerk 
of the board of supervisors to be placed on the November, 1980, ballot. 

Neither the board of supervisors nor the mayor nor any other person may change our 
final draft. The voters of San Francisco must either accept it or reject it in November. 

WHY REVISE THE CHARTER WE HAVE NOW? 

We do not believe in change merely for the sake of change. We have spent over a 
year studying San Francisco government, talking to city employees, political leaders 
and citizens, reviewing the governmental structure of other cities, and discussing 
alternative solutions. From this effort, we have decided that some change is necessary 
if our city 's problems are to be solved. 

The current city charter was adopted in 1932 following a period of widespread 
corruption when times were considerably different from the present. It is long, extremely 
detailed, and inflexible. It has been amended over 500 times, and has become a patch- 
work of outdated and sometimes conflicting provisions. The city attorney has estimated 






(3) 

that up to one half of his time is spent defending or explaining the current patchwork 
charter. 

Virtually every city service could be provided more efficiently under a more modern, 
better designed system of government. San Francisco General Hospital is a case in 
point: the director of health has said that the charter makes it difficult to give 
patients proper care. Re speaks of "a conflict between those caring for patients who 
need resources immediately and those who are functioning within the charter's provisions, 
which seem to invariably delay decisions and action. " He adds that the health department 
is "constantly subject to delay on personnel, fiscal, purchasing and other matters, " and 
is of the opinion that most of these difficulties are attributable to the present charter. 

Many city administrators reported to the charter commission that the current charti c 
costs the city dearly. The former interim director of San Francisco General told the 
charter commissioners that the charter's constraints cost several million dollars e ach 
year in operating costs at San Francisco General alone. 

Government units whose services ought to fit together and support each other often 
have no way of finding out what each is doing, and no overall management is charged with 
making sure the units agree on what should be done. The result is the situation familiar 
to so many San Franciscans - the series of phone calls to try to get a problem taken 
care of only to be referred from agency to commission to bureau to agency and find out 
in the end that solving that kind of problem is nobody 's job. 

We believe that the governmental structure of San Francisco should be so cl^nrTy 
drawn that citizens can tell which official has responsibility for a particular 
problem and which agencies and officials should be held accountable. The governmental 
structure should be as simple as possible, with clear lines of responsibility . Similar 
services should be coordinated under one official, so that they support each other, 
instead of going in different directions or even conflicting with each other. 



(4) 

These are the goals of the charter commission: 

— to provide flexibility to meet emerging challenges; 

— to hold elected representatives responsible for their actions; 

— to allow professional administrators to provide services and manage 
departments efficiently; 

— to allow for greater public participation in the review of governmental 
decisions ; 

— to respond to the needs of the people of San Francisco. 

Times change and needs change; a charter should change, when necessary, to meet the 
new challenges. The restrictions placed on municipal government by actions beyond the 
control of local government - such as Propositions 13 and 4 3 state mandates, and federal 
requirements - require response by the city. let the current charter limits San 
Francisco in its ability to respond rapidly to these requirements. 

The charter commission invites you to study this draft and attend one of the public 
meetings we are holding in February. 

Respectfully 3 



The San Francisco Charter Commission 

Thomas Cahill 
Agnes Chan 
Wilson Chang 
Frank Fitch 
Eulalio Frausto 
James Haas 
Pat Jackson 
Leo Jed 
Rodney Johnson 
Haig G. Mardikian 
Jack Morrison 
Pat Schultz 
Steven A. Waldhorn 
Samuel W. Walker 
Jack Webb 



(4a) 



PREAMBLE 

In order to obtain the full benefit of home rule granted by the Constitution 
of the State of California; to improve the quality of urban life; to encourage 
the participation of all citizens and all sectors in the affairs of the City 
and County; to enable municipal government to meet the needs of the people 
effectively and efficiently; and to assure equality of opportunity to every 
resident ; 

We, the people of the City and County of San Francisco, ordain and establish 
this charter as the fundamental law for the government of the City and County. 



(5) 

ARTICLE I 
EXISTENCE AND POWERS OF THE CITY AND COUNTY 

NAMES AND BOUNDARIES : The City and County of San Francisco shall continue as a 
municipal corporation with the boundaries as set forth in the government code of 
California. The boundaries may be extended as provided by law. 

RIGHTS AND POWERS : The City and County of San Francisco shall have all the rights and 
powers granted to a charter city and county by the constitution of the state of 
California. 

CONSTRUCTION : The powers of the City and County of San Francisco under the charter 
shall be construed liberally in favor of the City and County. The specific mention 
of particular powers in this charter shall not be construed as limiting in any way 
the general power of the City and County. 

SEVERABILITY : If any provision of this charter or the application thereof to any person 
or circumstance is held invalid, the invalidity shall not affect other provisions or 
applications of the charter. 

TMmGOVFJ^NMEKTAL RELATIONS : The City and County may participate in intergovernmental 

activities and relations. 
Unless mandated otherwise, the mayor shall nominate and the board of supervisors confirm 

representatives of the City and County on intergovernmental bodies. 



(6) 

COMMENTARY: This article insures San Francisco 's independent status as a charter 
government. It remains essentially the same as the present charter. The appoint- 
ment powers of the mayor are enhanced in regard to the representation of San 
Francisco on intergovernmental bodies such as Association of Bay Area Governments 
(ABAG) and Metropolitan Transportation Commission (MTC). 






(7) 

ARTICLE II 

LEGISLATIVE BRANCH 

POWERS RESERVED : Powers not specified elsewhere in this charter shall be as provided 

by ordinance or resolution of the board of supervisors. 
If a disaster renders a majority of the members of the board of supervisors unavailable, 

the board shall possess the powers conferred on it by general law pertaining to the 

preservation of local government. 

COMPOSITION : The board of supervisors shall be composed of elevel members elected by 
districts. No boundary change under the reapportionment section of this charter 
shall disqualify a supervisor from serving the remainder of the term for which 
elected. 

DISTRICTS : There shall be eleven supervisorial districts which shall be described by 
ordinance. 

REAPPORTIONMENT : The board of supervisors shall after public hearing adjust the 
district boundaries after each decennial federal census in complia n ce with the 
constitutions and statutes of the United States and the State of California, 
provided that the reapportionment conforms to the rule of one person/ one vote and 
reflects the communities of interest within the City and County. 

TERM OF OFFICE : Members of the board of supervisors shall serve four-year terms , with 
members from even-nurrbered districts elected in 1981 and every four -oars thereafter 
members from odd-nmbered districts elected in 1983 and every f^T years thereafter. 

ELIGIBILITY : Supervisors must be elector j in Uie district which they represent. 



(8) 

VACANCIES : If a supervisorial seat becomes vacant because of death, resignation, or 
otherwise as provided by this charter more than 120 days before a regularly 
scheduled election, the board of supervisors shall call a special election to fill 
the balance of the unexpired term. This special election is to be held within 60 
days of the date the seat becomes vacant. 

CCMPENSATION : To the extent allowable by law and within a balanced budget, the board 
of supervisors shall establish by ordinance the salaries of all elected officials. 

The salaries set by supervisors for supervisors shall not take effect for two years after 
passage. 

MEETINGS : The members of the board of supervisors shall meet at the legislative 
chamber in City Hall on the eighth day of January at 12:00 o'clock noon following 
the regular general municipal election. Thereafter regular meetings shall be held 
as determined by resolution. 

The meetings of the board of supervisors shall be held in the City Hall, provided that, 
in case of emergency, the board by resolution may designate some other appropriate 
location as its temporary meeting place. 

Notice of any special meeting place shall be published at least 24 hours in advance of 
such special meeting. 

CAT.FNDARS : A written calendar of the business scheduled for each meeting of the board 
of supervisors or any of its committees shall be available to the public before 
each meeting. 

Summaries of all board and committee calendar itans , and a statement of where and when 
copies of proposed ordinances and resolutions may be oL Gained, shall be published in 
an unders^ oabie form at least 36 hours before all regular and 18 hours before all 
special meetingj. 



(9) 

QUORUM : A majority of the supervisors shall constitute a quorum for conducting the 
business of the board. A smaller number may adjourn and cc^oel the attendance of 
absent members in the manner and subject to the penalties provided by ordinance. 

RULES AND VOTING : Action by the board of supervisors shall be by ordinance or resolution 
introduced by a member, a committee of the board, or the mayor, and shall be reported 
on by a committee of the board. Passage or adoption requires a majority of the full 
Doard at each reading. 

Pasrage of ordinances shall require two readings and votes held at least 5 days apart,, 
subject to the following exceptions: 

a) emergency ordinances as def ir.ed in the emergen y ordinance section of this article ; 

b) an ordinance granting a franchise may not be passed within 90 days of its intro- 
duction; 

c) the board may override a mayr il veto by a 2/ S najority of its membership within 
30 days of the veto, except fc : mavoral budget Ltem vetos, which may be overridden 
by 2/3 vote of its membership rithin 10 days of the veto. 

Resolutions shall require only one reading and by unanimous consent of the supervisors 
may be adopted upon introduction without reference to < ommittee . 

RATES , FEFS . CHARGES : The board of suoervisors may accept, reject, or modify the rates, 
fee , and charges established by boards, commissions, and departments of the executive 
branch. 

POLICY AND PRIORITIES RESOLUTION : The uoard of supervisors shall act on the mayor's 
proposed pclices and nrior^ties resolution as submitted or as amended, within 30 
days of its submission. 

SALE OR LEASE OF REAL PROPERTY : The board of supervisors must approve any lease for 
over L0 years or any sale of any City and County real property. Maritime property 



(10) 

shall be exempt from this provision. 



BONDS : The board of supervisors shall determine 'which municipal officials must post 

bonds and the amount of such bonds and shall review such bonding requirements annually. 

EMERGENCY ORDINANCES : An emergency ordinance may be enacted to meet a public emergency 
affecting life, health, and/ or property, subject to the following conditions: 

a) it may be adopted at the meeting at which it was introduced if passed by an 
affirmative vote of 2/3 of the full membership of the board; 

b) it shall be effective upon publication; 

c) it shall be introduced in the form and manner required for ordinances generally, 
except that it shall contain, following the enacting clause, a declaration stating 
the existence of an emergency, describing it in clear and precise terms, and 
explaining how the ordinance addresses the emergency; 

d) it shall be automatically repealed as of the 61st day after its initial enactment , 
unless subsequently re-enacted; 

e) no emergency ordinance may levy taxes, grant., renew, or extend a franchise 
regulate the rate charged by any public utility for its service set salaries, 
issue bonds; or buy, sell, or lease land. 

HEARINGS , INQUIRIES AND INVESTIGATIONS : The board of supervisors and its comra.ttees 
may hold hearings and conduct inquiries and investigations . The board may subpoena 
witnesses, administer oaths, take testimony, and require the production of evidence 
in any matter pending before it or any of its committees 

N0N- INl'KkFERENCE JN AEMINISTRATION : Except for the purpose of hearing or inquiry, the 
board of supervisors shall deal with the administrative service for which elective 
officials are responsible solely through the elected official concerned. Neither 
the board of supervisors , nor its committees, nor any of its members shall dictate, 



(11) 

suggest, or interfere with appointments, promotions, compensation, disciplinary actions, 
contracts, requisitions for purchases, or other administrative recommendations or 
actions of department heads or other appointed officers under elective officials. 
The board of supervisors shall deal with administrative matters only in the manner 
prescribed by this charter, and any dictation, suggestion, or interference herein 
prohibited on the part of any supervisor shall constitute official misconduct. 

^t^t±standing any provisions of this charter, a maifoer of the board of supervisors may 
comment on administrative matters at a public meeting, or through a letter, with a 
copy of such letter sent to the clerk of the board and available for public inspection. 

LEGISLATIVE AUDIT : The board of supervisors shall be responsible for conducting audits 
for the City and County, including: 

a) the preparation of an annual financial audit for the City and County, to be 
externally audited by a certified public accountant; 

b) the preparation of performance audits of all departments on a regular basis, 
with an evaluation of the need for the continuation of programs and services 
included; 

c) any special audit or financial report of any department or agency of the City 
and County that the board by majority vote deems necessary. 

PRESIDENT OF TIE BOARD : The board of supervisors shall elect one of its members president 
for a two-year term. The president shall preside at all meetings of the board, 
appoint all standing and special committees of the board, and have other powers and 
duties as may be assigned by the board of supervisors. 

STAFF TO TIE BOARD OF SUPERVISORS : The board of supervisors shall have the power to 

appoint a staff adequate to enable it to perform its duties and carry out its responsi- 
bilities. Such staff may include: 
a) a clerk for the board; 



(12) 

b) an auditor; 

c) staff for the full board and its committees ; 

d) staff for individual supervisors. 



(13) 

COMMENTARY: The role of the board of supervisors has been substantially strengthened 
in this article. The board has been provided: 

expanded power to oversee the operations of executive departments; 
ability and responsibility to audit the executive branch; 
an increased role in the budget process; 
the role of primary policy-making body of the city; 

all powers not specifically granted to other branches of the city government and; 
increased powers of investigation. 

The placing of the audit function in the board of supervisors is an important addition 
to the board's role. The audit function makes the board responsible for an annual 
financial report for the city and allows the board to require audits to determine 
the efficiency and effectiveness of executive departments. The information developed 
from these audits will provide the board with information on the operations and 
performance of the city government - how well and at what cost services arebeing 
delivered. 

The number and method of election of supervisors has been retained. Vacancies will be 
filled through elections not appointment. The board will set the salaries of all 
elected officials and will establish staffing levels for the board. 

The emergency powers of the board have been reduced somewhat from the present charter, 
in that emergency ordinances are automatically repealed after 60 days. If the board 
wishes to continue the emergency ordinance it must again disclose the presence of 
an emergency and re-enact or modify the emergency ordinance. This requirement re- 
duces the possibility of an emergency ordinance remaining in effect after the 
emergency has passed. 



(14) 

ARTICLE III 

EXECUTIVE BRANCH - MAYOR 

POWERS AND FUNCTIONS : The mayor is the chief executive of the City and County, and 

shall serve full time in that capacity. 
The mayor shall enforce all laws relating to the City and County, and shall be the 

official representative of the City and County. 
The mayor shall be responsible for: 

a) the supervision of administration of all departments; 

b) the coordination of all intergovernmental relations and programs involving the 
City and County; 

c) the coordination and enforcement of cooperation between all departments of the 
City and County; 

d) the receipt and examination of all complaints relating to the administration 
of the affairs of the City and County, and the immediate conveyance of findings 
and actions taken to the complainant. 

The mayor shall have the power to: 

a) report on or discuss any matter before any board or commission; 

b) propose ordinances and resolutions for consideration by the board of supervisors; 

c) authorize studies or surveys in anticipation of any emergency; 

d) veto any ordinance granting a franchise. If vetoed, any ordinance granting a 
franchise passed by the board of supervisors may not be bought up for reconsidera- 
tion for a period of 60 days; 

e) veto individual budget items within 10 days of final passage; 

f) veto any other ordinance or resolution within 10 days of final passage; 

g) appoint staff adequate to perform the duties and carry out the responsibilities 
of the office. 



(15) 

In addition, the mayor shall: 

a) designate a member of the board of supervisors to act as mayor in the mayor's 
absence; 

b) appoint a director of administration and a director of budget and planning, 
both of whom shall serve at the pleasure of the mayor; 

c) appoint subject to confirmation by the board of supervisors a director of 
finance, who shall serve at the pleasure of the mayor; 

d) have a seat but no vote on the board of supervisors; 

e) submit to the board of supervisors a proposed policies and priorities resolution 
which shall contain proposed policies and budget priorities of the city for the 
ensuing fiscal year; 

f ) prepare and submit to the board of supervisors the annual budget for the City 
and County; 

g) have and exercise other powers and duties provided by this charter or by law. 

TEEM OF OFFICE : The mayor shall serve a four-year term, with no mayor eligible for more 
than two consecutive terms. 

ELIGIBILITY : The mayor must be an elector of the City and County throughout the term 
for which elected. 

VACANCIES : If the mayor should be temporarily disabled, the office of the mayor shall 

be filled by the president of the board of supervisors. 
If the office of mayor shall become vacant because of resignation, permanant disability, 

or otherwise, a mayoral election shall be held at the next regularly scheduled election 

to fill the balance of the unexpired term. Until a new mayor is elected, the president 

of the board of supervisors shall act as mayor. 



(16) 

COMPENSATION : The mayor's salary, one consistent with the responsibilities of the 
office, shall be set by the board of supervisors. 

EMERGENCY POWERS : Any exercise of powers beyond those included in this charter must 
be ratified by an emergency ordinance as described in Article II within 5 days. 
In exercising emergency powers the mayor must, in writing, proclaim the existence 
of an emergency, describe it in clear and precise terms, and explain how the action 
or action taken addresses such emergency. 

THE MAYOR'S OFFICE SHALL INCLUDE: 

DIRECTOR OF ADMINISTRATION ." The mayor shall appoint and may remove at pleasure a 
director of administration who shall be responsible for administrative 
functions placed within the office of the mayor. 

The director of administration shall be qualified to perform the functions of the office. 

FUNCTIONS , POWERS , AND DUTIES : The director of administration shall be responsible to 
the mayor for: 

a) the supervision and control of all affairs placed in the director's charge by 
this charter or the mayor; 

b) the supervision of the personnel director of the City and County; 

c) the promulgation of general regulations for the adninistrative service under 
the director's control; 

DI RECTOR OF. BUDGET AND PUNNING : The mayor shall appoint and may remove at pleasure 

a director of budget and planning, who shall be responsible for budget preparation and 
overseeing short and long-range policy planning. 

The director of budget and planning shall be qualified to perform the functions of the 
office. 



(17) 

FUNCTIONS , POWERS , AND DUTIES : The director of budget and planning shall be responsible 
to the mayor for: 

a) the preparation, at the direction of the mayor, of the annual budget for the 
City and County; 

b) the administration of the budget as adopted; 

c) coordinating and assisting executive offices and departments to developing 
plans for the functions within their jurisdiction; 

d) other functions and duties as assigned by the mayor. 

DIRECTOR QF FINANCE^ The mayor shall appoint subj ect to confirmation by the board of 
supervisors a director of finance, who shall serve at the pleasure of the mayor. 

FUNCTIONS , POWERS , AND DUTIES : The director of finance shall be responsible for the 
following financial functions: 

a) accounting; 

b) financial reporting; 

c) assessing; 

d) the performance of financial and performance audits upon thi- request of the 
irayor; 

e) the treasury function; 

f ) inventory ; 

g) collection of receivables; 

h) other financial functions as may be assigned by the mayor. 



(18) 

COMMENTARY : This article provides the mayor with the authority to be the chief 

executive of the city and provides the citizen with one person to be held account- 
able for the management of San Francisco 1 s government. 

Specifically, the mayor is responsible; for the delivery of services, for the 
coordination of the executive branch, for the preparation of the budget of the 
city , and for the administration of the personnel system. 

This charter requires the preparation of a policies and priorities message by the mayor 
every year prior to the submission of the budget. This is the statement by the 
mayor of what the goals of the city will be and how they are to be achieved through 
budget and other actions. The board will review and debate this document and must 
pass it as a resolution. This presentation by the mayor and dialogue with the board 
will provide the people of the city with a view of what the mayc: n expects to accomplish 
during rhe year. The budget that the mayor submits following the volicies and 
priorities message will reflect the programs and goals of the message. Through this 
device the voters of San Francisco will know what the mayor's programs are and 
why emphasis is being placed on one issue rather than another; also the voters will 
be able to judge the performance of the mayor by comparing results with the policies 
and priorities message of the previous year. 

This charter reorganizes the present executive structure of the city government and 
eliminates the offices of the chief administrative officer and the controller. The 
functions currently performed by these offices have been transferred to three 
directors responsible to the mayor. These three professional managers will 
assist in the technical running of the city. 

The first, the director of administration, is appointed by the mayor and will be respon- 
sible for the administration of the city and for those ministerial functions required 



(19) 

of the city. The second, the director of budget and planning, prepares the mayor's 
budget (the single most important policy document produced each year) and provides 
the mayor with a long-range planning capability. The need to know where it is 
going and how it will get there is essential to any organization. This office fills 
a significant vacuum that has existed in San Francisco government. The third office 
under the mayor, the director of finance, is appointed by the mayor but is assured 
independence by the requirement that the person be confirmed by the board of 
super-jisors . This director is responsible for the control of the fiscal machinery 
of the city including accounting, assessing, collecting, and investing of city 
funds . 
The changes included in this portion of the charter are significant in that they place 
in the mayor the responsibility for the running of the government and provide the 
authority for the mayor to get the job accomplished. 



ARTICLE IV (20) 

EXECUTIVE BRANCH - BOARDS, (MISSIONS, AND DEPARTMENTS 



EXECUTIVE BRANCH ORGANIZATION : With the exception of those described in this charter, 
the detailed description of the organization of the departments, boards, conmissions , 
and agencies of the executive branch shall be as described by ordinance. 

Boards and Commissions - General Provisions : aii boards and conmissions , whether created 

by this charter or ordinance shall: 

a) publish a set of rules consistent with ordinances , resolutions , and this charter . 
A copy of these rules shall be filed with the clerk of the board of supervisors ; 

b) file an annual report describing its activities and reporting on its financial 
condition with the clerk of the board of supervisors ; 

c) hold open, public meetings and encourage the participation of interested citizens; 

d) be as representative of the communities of interest in the City and County as 
possible; 

e) be allowed, with the approval of the board of supervisors, to hire outside counsel. 
Commissioners shall serve no more than two successive terms on the same commission. 

All commissioners shall receive equal compensation; said compensation is to be determined 

by the board of supervisors by ordinance. 
Vacancies on commissions shall be filled for the balance of the unexpired term in the 

manner prescribed by this charter or ordinance for initial appointments. 

Departments - General Provisions : Department heads shall: 

a) have management responsibility for departments; 

b) serve as the appointing officer for all civil service exempt positions in their 
respective departments; 

c) issue departmental regulations consistent with commission rules, city ordinances, 
and this charter. 



(21) 

Civil SERVICE COMMISSION : The civil service commission is described in article IX, 
Personnel Adminis tration . 

PLANNING COMMISSION : The planning comnission shall consist of five members appointed by 

the mayor and confirmed by the board of supervisors for staggered four-year terms, 

removable for cause by the mayor. 
The commission shall nominate the head of the planning department. The mayor shall 

appoint the head of the planning department who shall serve at the pleasure of the 

commission. 

POWERS AND DUTIES : The planning commission shall, consistent with state law, adopt 
and periodically revise, after public hearing, and refer to the mayor and the board 
of supervisors for final adoption, a comprehensive general plan for the future social, 
economic, and physical development of the City and County. The plans shall include 
but not be limited to: goals and policies, short and long-term plans, neighborhood 
plan, and capital project plans. 

The planning commission shall also review all zoning ordinances and variances and the 
capital improvement plan for consistency with the general plan, and shall report its 
findings to the mayor and the board of supervisors. 

MANDATORY REFERRAL OF PROPOSED ORDINANCES AND RESOLUTIONS : All proposed ordinances and 
resolutions dealing with a change in the use or title of any public way, transportation 
route, open space, or structure shall be referred to the planning department and re- 
ported on by the planning commission prior to adoption. Such report shall examine 
the conformity of the matter involved to the general plan. If conflict exists, the 
report shall give the particulars of the differences between the proposal and the 
general plan. 



(22) 

MANDATOR Y REFERRAL OF PROPOSED SUBDIVISION PLATS AND PROJECT PLANS : The following 
shall be submitted to the planning department for written report and recommendation 
thereon by the planning conmission to the agency responsible: 

a) all plats and replats of subdivisions of land within the city; 

b) all project plans for public and private housing and publicly -ass is ted 
private housing within the city; 

c) all project plans for the clearance, rehabilitation, and redevelopment of blighted 
areas within the city. 

Should major changes be made in such plats or project plans subsequent to referral to 
the planning department, final plats or plans shall be submitted to the planning 
department for further report and recommendation by the conmission. 

All reports and recommendations of the planning conmission rendered pursuant to this 
section shall be issued in a manner and within a time period to be determined by 
ordinance. 

PERMITS AND LICENSES : All permits and licenses dependent on or affected by the zoning 
set-back or other ordinances administered by the planning department must be approved 
by the planning conmission prior to issuance. 

ZONING AMEMMENTS : The head of the planning department shall be responsible for the 
administration of all zoning ordinances and the determination of all zoning variances. 
Proposed ordinances and amendments to ordinances regulating or controlling; the height, 
area, bulk, set-back, location, use, or related aspects of any building, or 
structure, or land may be initiated by the planning commission or by the board of 
supervisors and referred to the planning conmission for consideration and public 
hearing. In the case of a reclassification of property, or establishment, abolition, 
or modification of a set-back line, such proposals may be initiated by the application 
of interested property owners or their authorized agents. 



(23) 

The planning commission shall approve or disapprove any such proposed ordinance or 

amendment in accordance with procedures for action on such matters as shall be 

prescribed by ordinance. 
Upon written approval in whole or in part by the planning conmission, a proposed 

ordinance or amendment shall be transmitted to the board of supervisors. The board 

of supervisors may adopt such proposal, as approved by the planning commission, by 

ordinance by a majority vote. 
If the planning commission disapproves the proposal in whole or in part, such action 

shall be final with the following exception: 

a) in the case of a proposal initiated by application, appeal may be taken to 
the board of supervisors by filing written notice of appeal with the board 
within 30 days of the decision by the planning conmission. 
The board of supervisors shall by ordinance prescribe the requirements and procedures 

for such appeals. 

BOARD OF PERMIT APPEALS: '^ ie b°ard of permit appeals shall consist of seven members 
appointed by the mayor and confirmed by the board of supervisors for four-year terms 
concurrent with that of the mayor, removable for cause by the mayor. Six members 
shall constitute a quorum, and five votes shall be required to overturn a ruling. 

The board may appoint and remove at pleasure an executive secretary. 

POWERS AND DUTIES : The board of permit appeals shall be an appellate body and shall hear 

and determine appeals: 

a) by any person denied a permit or license; whose permit or license has been 
suspended, revoked, or withdrawn; or who believes that his or her interest or 
the public interest will be adversely affected by the grant, denial, suspension, 
cr revocation of a license or permit. 



(24) 

b) where it is alleged that there is an error or abuse of discretion in any order, 
requirement, decision, or determination made by the head of the planning 
department in the enforcement of the provisions of any ordinance adopted by 

the board of supervisors creating zoning districts or regulating the use 
of property in the city. 

c) from the filings , decisions , and determinations of the head of the planning 
department granting or denying applications for variances from any rule, regula- 
tion, restriction, or requirement of the zoning or set-back ordinances. 

Other aciniriistrative remedies provided by ordinance must be exhausted before an appeal 
may be taken to the board of permit appeals. 

After a hearing and any further investigation deemed necessary, the board of permit 
appeals may concur in the action of the department involved, or by a vote of five 
members overrule the action of the department upon a determination that: 

a) the action was based upon an erroneous conclusion of law; 

b) the action was based upon an erroneous understanding of material fact; 

c) the action was based upon an administrative rule or regulation that is clearly 
unreasonable as applied to the matter before it; 

d) the action was an abuse of discretion in applying relevant legal standards; 

e) standards to guide administrative action have not been provided. 

The board of permit appeals shall apply and be bound by the provisions of this charter 

or ordinance. 
Any variance from a strict application of the terms of an ordinance may be granted only 

to the extent and under the circumstances expressly permitted by this charter and 

ordinance. 
Decisions of the board of permit appeals may be appealed to appropriate courts of law. 

Such decisions shall be binding upon the concerned departments, offices, and officers 

unless notice of intent to appeal is filed with the board and the appeal is pursued 

by the applicant within the period of time established. 



(25) 

HUMAN RIGHTS COMMISSION : Th e human rights commission shall consist of 15 members 
appointed by the mayor and confirmed by the board of supervisors for four-year 
terms concurrent with that of the mayor, removable for cause by the mayor. 

The human rights commission shall nominate a director. The mayor shall appoint the 
director, who shall serve at the pleasure of the commission. 

POWERS AND DUTIES : The human rights commission shall: 

a) investigate complaints of unlawful discrimination against any person because 
of race, creed, national origin, age, handicap, sex, sexual orientation, or 
any additional categories the board of supervisors may designate by ordinance, 
in violation of any ordinance or law within the City and County's jurisdiction 
to enforce; 

b) ensure the civil rights of citizens; 

c) ensure that the affirmative action plans of each department of the City and 
County are up-to-date and are being implemented, and report on such to the 
mayor and board of supervisors; 

d) promote understanding among the residents of the cximmunity and work cooperatively 
with other agencies of government, community groups, and others to eliminate 
discrimination and the results of past discrimination; 

e) study, investigate, mediate, and make recommendations for solving conmunity-wide 
problems resulting in inter-group tensions and discrimination; 

f) make rules and propose ordinances for the consideration of the board of supervisors; 

g) exercise other related powers and duties as provided by ordinance, subject to 
applicable limitations in state or federal law. 



(26) 

In furtherance of the above the human rights commission may hold hearings, require 
witnesses to appear, administer oaths, take testimony, require the production of 
evidence, issue appropriate orders, and, in the manner prescribed by law, petition 
for a court order. 

POLICE COMMISSION : The police commission shall consist of five members appointed by 

and serving at the pleasure of the mayor for four-year terms concurrent with that of 

the mayor. 
The police conmission shall nominate the police chief, who shall be the head of the 

police department. The mayor shall appoint the police chief, who shall serve at the 

pleasure of the conmission. 

POWERS AND DUTIES: The police conmission shall exercise oversight of the police depart- 
ment by: 

a) formulating, approving, and evaluating long-term goals, objectives, plans, and 
programs ; 

b) reviewing the annual budget and any modifications or transfers requiring the 
approval of the board of supervisors; 

c) conducting investigations into any aspect of departmental operation through 

the power of inquiry and by recommendations to the mayor or the board of supervisor 

d) passing on rates, fees, and charges where such apply; 

e) acting as a review body to investigate and decide on disputed actions of the 
police department: or any of its members. The conmission shall have the power to 
require witnessess to appear, administer oaths, take testimony, and require the 
production of evidence. 

The police conmission shall not involve itself in the administration of the police 
department except through the police chief. 



(27) 
POLICE DEPARTMENT : The purpose of the police department shall be to preserve the 

public peace, prevent and detect crime, and protect the rights of persons and 

property by enforcing the laws of the nation, state ; and City and County. 

The police chief may appoint and remove at pleasure special police officers. 

The police chief, in the lawful exercise of his/her functions, shall have all the 
powers that are now or that may be conferred on the sheriff by the laws of the 
state in the suppression of any riot, public tumult, disturbance of the public 
peace or organized resistance against the laws or public authority. 

PATROL SPECIAL OFFICERS : The police conmission may appoint patrol special officers and 
for cause may suspend or dismiss said patrol special police officers after a hearing 
on charges duly filed with the commission and after a fair and impartial trial . 
Each patrol special police officer shall be at the time of his appointment not less 
than 21 years of age nor more than 40 years of age and must possess such physical 
qualifications as may be required by the conmission. Age qualifications shall not 
apply to present patrol special police officers acting as such on January 11, 1943, 
nor to their reappointment. Patrol special police officers who are designated by 
the police commission as the owners of a certain beat or territory as may be fixed 
from time to time by said conmission or the legal heirs or representatives of said 
owners, may dispose of their interest in said beat or territory to a person of good 
moral character, approved by the police conmission and eligible for reappointment as 
a patrol special officer. 

DISTRICT POLICE STATIONS : The police conmission and department shall maintain and 

operate district police stations. The police conmission may, subject to the approval 
by resolution of the board of supervisors, establish new and additional district 
stations, abandon or relocate any district station, or consolidate any two or more 
district stations. 



(28) 

FlRE COMMISSION : The fire commission shall consist of five members appointed by and 

serving at the pleasure of the mayor, for four-year terms concurrent with that of 
the mayor. 
The fire commission shall nominate the fire chief, who shall be the head of the fire 
department. The mayor shall appoint the fire chief who shall serve at the pleasure 
of the commission. 

POWERS AND DUTIES : The fire commission shall exercise oversight of the fire department 
by: 

a) formulating, approving , and evaluating long-term goals, objectives, plans, and 
programs ; 

b) reviewing the annual budget and any modifications or transfers requiring the 
approval of the board of supervisors; 

c) conducting investigations into any aspect of departmental operation through 
the power of inquiry, and making recommendations to the mayor or the board of 
supervisors ; 

d) passing on rates, fees, and charges where such apply; 

e) acting as a review body to investigate and decide on disputed actions of the 
fire department or any of its members, by having the power to require witnessess 
to appear, administer oaths, take testimony, and require the production of evidence. 

The fire commission shall not involve itself in the administration of the fire department 
except through the fire chief. 

FIRE DEPARTMENT : The purpose of the fire department shall be to enforce all laws and 
statutes of the State of California and the charter and ordinances of the City and 
County pertaining to the prevention, suppression, and investigation of fires. 



(29) 

The fire chief shall cause the fire department to inspect all occupied or vacated 
structures and premises to determine compliance with statutes, regulations,, and 
ordinances relative to fire prevention, protection, and control and also the protection 
of persons and property from fire. 

The fire chief, or in the absence of the chief, the chief- in-charge, may during a 
conflagration cause to be cut down or otherwise remove any building or structure 
for the purpose of checking the progress of such conflagration. 

SERVICE DEPAR IMENTS AND THEIR COMMISSIONS : All activities within the executive branch 
not in the office of the mayor shall be organized into departments . 

Except as otherwise noted in this charter and according to the provisions of this section, 
commissions shall be established by ordinance to oversee all departments. 

The commissions shall consist of seven members appointed by and serving at the pleasure 
of the mayor, for four-year terms concurrent with that of the mayor. The conmissions 
shall establish policy for their departments consistent with overall city policy as 
established by the mayor and ordinances; and provide oversight for departmental 
operations. The board of supervisors by ordinance and consistent with the charter 
may confer such additional powers on these conmissions as the board may deem appropriate. 

Each commission shall nominate the head of its respective department. The mayor shall 
appoint the department head who shall serve at the pleasure of the mayor. 

The commission shall for their respective departments: 

a) formulate, approve, and evaluate long-term goals, objectives, plans, and programs; 

b) review and approve the annual departmental budget prior to its submission to 
the mayor, and any modifications or transfers requiring the approval of the 
board of supervisors; 

c) conduct investigations into any aspect of departmental operations through the 
power of inquiry, and make recommendations to the mayor or the board of supervisors; 



(30) 

d) pass on rates, fees, and charges "where such apply. 

The commissions shall not involve themselves with appointments, discipline, contract 
administration, purchase requisitions, or other administrative reconmendations 
except through the head of the respective department. 

ENTERPRISE DEPARTMENTS AND Co-T-IISSIONS : Pursuant to the reorganization provisions of 
this charter, those departments and commissions that defray all the costs of their 
operation from revenues produced by that department and commission may be established 
as enterprise departments and com m issions. 

Enterprise commissions shall consist of five members appointed by the mayor, removable 
for cause by the mayor, serving four -year terms concurrent with that of the mayor. 

Enterprise commissions shall nominate the head of their respective departments - The 

mayor shall appoint the department head who shall serve at the pleasure of the commissi! 

The mayor and the board of supervisors may, consistent with this charter, establish more 
flexible budget and personnel procedures for enterprise departments and commissions 
than those for other departments and commissions. 

Initially, the port commission and the airports commission shall be established as enter- 
prise commissions. 

Nothing in this section shall be construed to in any way limit the general powers of the 
mayor and the board of supervisors. 

NOTE : At this point current charter provisions required by state law regarding port 
conmiss ion will appear. These prov' us are identical to sections 3.580-3.585 of 
the current charter. 



(31) 

EXECUT IVE BRANCH REORGANIZATION : Whenever the mayor determines that a reorganization is 
necessary in order to improve the effectiveness of the city's administration, the 
mayor may submit a proposed reorganization ordinance to the board of supervisors. 
This plan may create, abolish, combine, or separate departments, boards, commissions, 
agencies, or other units within the executive branch which are not dealt with in 
this charter. 

A proposed reorganization ordinance must: 

a) provide for the transfer of civil service employees who are engaged in the 
performance of a function or duty transferred to another office, agency, or 
department. Such transfer shall not adversely affect status, position, compensa- 
tion, or pension or retirement rights and privileges. 

b) provide for the transfer of any unexpended balances of approp.: ations and 
other' funds available for use in connection with any office, agency department, 

or function affected by the reorganization. Any unexpended balance so transferred 
shall be used only for the purpose for which the appropriation was originally 
made, except as this charter otherwise permits. 

c) include amendments to existing ordinances required to make them consistent with 
provisions of the reorganization plan. Mien a reorganization ordinance becomes 
effective, existing ordinances shall be treated as though they have been amended 
to conform to the reorganization ordinance. 

d) be consistent with all provisions of this charter. 

The board of supervisors must adopt or reject the proposed reorganization ordinance, as 
submitted or as ammended, within 60 days of its introduction. 



(32) 

COMMENTARY: This article provides for a consistent structure which insures that 

departments and commissions fit into overall city government. 

Because of their special nature, seven boards and commissions have been described in 
the charter (these therefore could not be affected by a reorganization ordinance): 
civil service, planning, board of permit appeals, human rights (which is now 
established by ordinance), police and fire, and the port. The role of the first 
four is regulatory in nature. Police and fire are basic city services which are 
of particular concern to city residents. Due to provisions of state legislation, the 
port commission must be described in the charter. 

The other boards and commissions currently in existence will remain; a transition article 
will establish them by ordinance so that they may be modified by the reorganization 
procedure if the mayor and the board find it necessary . The transition article may 
also establish a transportation commission, a public health commission, and possibly 
others. 

A section describes the general makeup and powers and duties of these boards and commis- 
sions. These commissions will make policy for departments through budget review, 
approval of plans and programs etc. insofar as consistent with overall city policy 
as established by the mayor and the board of supervisors. The commissions will not, 
however, be involved in administrative details (such as purchase requisitions, contract 
administration, etc.). This general section makes uniform the makeup and general 
powers and duties of the commissions which oversee the departments which deliver 
services. 

The charter recognizes the difference between those departments and commissions which 
defray all the cost of their operation through the revenues they collect, and creates 
a category called enterprise commissions. These commissions will have five members 
(instead of seven) , and the department head will be appointed by the mayor, but 
wzll serve at the commission's pleasure. This establishes a commission similar to 



(33) 

a private sector board of directors, and enterprise commissions and departments are 
given more budget and personnel responsibility, subject to the oversight of the 
board of supervisors' annual audit. Initially the port commission and the airports 
commission shall be established as enterprise commissions. 

While they seem complex, the respective roles and relationships of departments, boards 
and commissions, the mayor, and the board of supervisors have been clearly defined 
in this charter. Clearer lines of authority have been established in order to 
allow the mayor to be responsible for the delivery of city services and make the 
operations of city departments more effective and more accountable to the city 's 
residents. 

This charter also establishes an orderly method by which the arrangement of the majority 
of the city 's departments may be changed by the mayor and the board of supervisors 
after public hearings. This is different from the current method, where many details 
of organization must go through the whole electoral process to be changed. 



(34) 

ARTICLE V 
OTHER ELECTED OFFICIALS 



There shall be an elected sheriff, city attorney, district attorney, and public defender 
in the City and County. 

TERMS AND QUALIFICATIONS : The sheriff, city attorney, district attorney, and public 
defender shall: 

a) serve full-time; 

b) serve four-year terms; 

c) be electors of San Francisco throughout their terms; 

d) post official bonds if required by ordinance, and in the amount determined 
by ordinance. 

The city attorney, district attorney, and public defender shall be qualified to practice 
law in all the courts in the state for at least five years prior to their election. 

POWERS AND DUTIES OF COUNTY OFFICERS : Each county officer shall have the powers and 
duties assigned by general law to such office, in addition to those provided in 
this charter. 

CITY ATTORNEY : The city attorney shall: 

a) represent the City and County in actions and proceedings in which it is legally 

interested; 

b) represent any officer of the City and County when so directed by the board of 
supervisors , unless a cause of action exists in favor of the City and County 
against any officer; 

c) commence legal action when cause for such exists in favor of the City and County 
or when directed to do so by the board of supervisors; 



(35) 

d) give advice or written opinion to any officer, board, or commission of the 
City and County when requested; 

e) not settle or dismiss any litigation for or against the city, unless ordered 
to do so by the board of supervisors; 

f ) approve as to form all bonds , contracts , and ordinances prior to enactment, and 
the title to all real property to be acquired by the City and County; 

g) appoint and remove at pleasure all assistants and employees of the office. 

DISTRICT ATTORNEY : The district attorney shall : 

a) be responsible for the prosecution of all criminal cases in the municipal and 
superior courts; 

b) issue warrants for the arrest of persons charged with crimes to be prosecuted in 
municipal and superior courts; 

c) appoint and remove at pleasure all assistants and employees of the office. 

PUBLIC DEFENDER : The public defender shall: 

a) upon the request of a defendant who is financially unable to employ counsel or 
upon order of the court, defend or give counsel or advice to any person charged 
with the commission of a crime; 

b) appoint and remove at pleasure all assistants and employees of the office. 

VACANCIES : If the position of sheriff, city attorney, district attorney, or public 
defender becomes vacant because of death, resignation, or otherwise as provided by 
this charter, the mayor shall appoint, subject to confirmation by the board of 
supervisors, an individual qualified by the terms of this charter or the state law. 
Such appointee shall serve until the next regularly scheduled election. 



(36) 

COMMENTARY : Because the assessor and treasurer execute policy rather than make 

policy , the Gommission chose to make those positions appointed rather than elected 
and to include them in an integrated finance department. This will save tax- 
payers dollars and create a less fragmented city financial administration. 

This section also makes the qualifications for the three attorney offices uniform, and 
assigns the board of supervisors the responsibility for setting their bonds. The 
balance of the article is substantively unchanged. 



(37) 

ARTICLE VI 
JUDICIARY 



NOTE : This article has not been changed and remains as it appears in the current charter, 
Sections 4.100 - 4.505, except that Section 4.104, Law Library, has been moved to 
Article XII, Miscellaneous Provisions. 



(38) 



ARTICLE VII 
EDUCATION 

NOTE: The camrLssion has not completed its deliberations on this article. 



(39) 

ARTICLE VIII 

FINANCIAL PROVISIONS 



INITIATION : The mayor shall be responsible for the initiation of the annual operating 
' budget of the City and County. 

FORM : The board of supervisors, upon the recarmendation of the mayor, shall by ordinance 
adopt the form of the annual operating budget, -which shall yield information in an 
understandable and useful manner. 

TOTAL : The annual operating budget shall include and appropriate all revenues and all 
expenditures . 

CAPITAL EXPENDITURES : Proposed capital expenditures to be incurred during the fiscal 
year shall be included in the annual budget and designated as such. 

FACILITIES MAINTENANCE : The annual budget shall include a facilities maintenance element. 

MAYORAL AMENDMENT OF BUDGET REQUESTS : The mayor may increase, decrease, add, or delete 
budget requests. 

SUBMISSION OF PROPOSED BUDGET : The mayor shall submit the annual budget to the board of 
supervisors on or before a date to be determined by ordinance. 

BOARD AMENDMENT OF BUDGET REQUESTS : The board of supervisors may increase, decrease, 
add, or delete budget requests. 

ADOPTION : The board of supervisors shall adopt the annual operating budget prior to 
the start of the fiscal year, in accordance with the budget form resolution. 



(40) 

BALANCED : The annual operating budget shall be balanced. 

SuTPLEMENTAL APPROPRIATIONS : Supplemental appropriations shall be handled in a manner 
identical to that specified for budget initiation and adoption. 

TRANSFERS : The board of supervisors shall determine by ordinance the method of 
determining transfers of funds. 

PUBLIC PARTICIPATION : The mayor and the board of supervisors shall allow for and 
encourage public participation and input into the budgetary process. Such shall 
include, but not be limited to, budget hearings at the departmental, mayoral, and 
supervisoral levels, and the preparation of a document by the mayor which presents 
essential budget information in summary form. 

CAPITAL IMPROVEMENTS AND FACTLITIES MAINTENANCE : The mayor shall be responsible for 
the preparation of capital improvement and facilities maintenance plans covering 
six years. These plans shall be updated annually and adopted as submitted or as 
amended by the board of supervisors. 



(41) 

COMMENTARY: This article has been structured in response to testimony that the current 
budget cannot be used to manage the city 's resources effectively ^ a need which is 
underscored in the current post-Prop 13 era. This article requires: a balanced 
budget; one that includes all revenues and expenditures (something the current 
charter does not do and which results in an inaccurate representation of the alloca- 
tion of city resources); and one that includes capital expenditures and facilities 
maintenance elements in the annual operating budget. Finally, to encourage public 
participation, it requires budget hearings at both the mayoral and supervisorial 
levels, and publication of a budget summary. 

Consistent with the idea that government must be able to adapt to rapidly changing 

situations, this article gives the board and the mayor greater budgetary flexibility. 
It allows the board the ability to specify what form of budget will provide the 
best tool for allocating the city's resources, what timetable should be used, and 
how budget modifications and transfers will be handled. It assigns the mayor the 
responsibility and the authority for initiating the budget. Allowing both the board 
and the mayor to increase, decrease, add, or delete budget requests creates a 
situation encouraging a dialogue between the two which should produce a budget more 
closely describing the elected officials' policy intentions. 



(42) 



ARTICLE IX 
PERSONNEL ADMINISTRATION 

Purpose of the Personnel System 

PURPOSE : The purpose of the personnel system of the city and county shall be: 

- to effectively and efficiently recruit, select, retain, and advance employees 
for the city and county on the basis of their ability and performance; 

- to protect against abuse of the civil service principle; 

- to assure employees and potential employees equal opportunity and protection 
against discrimination based on political affiliation, race, color, national 
origin, sex, sexual orientation, religious creed, age, or disability, and 

to safeguard their privacy and constitutional rights as citizens; 
_ to provide an atmosphere encouraging superior performance by employees at all 
levels . 

Board of Supervisors 

The board of supervisors shall adopt: 

- an annual salary ordinance which may be amended from time to time for new 
classifications ; 

- ordinances required to implement memoranda of understanding; 

- an ordinance establishing a system of personnel management (which shall be 
subj ect to memoranda of understanding) . 

Civil Service Commission 

APPQIMMENT AND REM3VAL : The civil service commission shall consist of five 
members appointed by the mayor for staggered four-year terms. Members may be 



(43) 

removed by the mayor prior to the expiration of their terms only for cause, 
with the consent of the board of supervisors. 

STAFF : The civil service commission shall appoint an executive secretary who shall 
serve at its pleasure. 

RULES : The civil service conmission shall adopt and amend as necessary rules 
for the recruitment, selection, and appointment of employees. 

Notwithstanding the above, personnel practices within the scope of negotiation may 
be established through agreement of the mayor and the supervisors or their 
representative with employee bargaining units through memoranda of understanding. 

APPEALS : The civil service commission shall hear appeals on: 

1) disciplinary actions, including dismissal, demotion, and suspension in 
excess of five days; 

2) alleged improper action under, or denial of rights provided by, this 
article or ordinance, rules, or regulations adopted thereunder; 

3) disputes concerning classification decisions of the personnel department; 

4) alleged violation of civil service rules or regulations, or fraud concerning 
examinations, except that technical issues concerning the content of 
examinations shall be appealable only to the personnel director. 

Appeals procedures for police and firefighters shall be retained (as described in 
Section 8 . 343 of the current charter) . 

fetwi1±ist^nding the above sections , matters within the scope of negotiations 
which have been the subject of a labor-management agreement 



(44) 

shall be subject to appeal in the manner provided in the agreement. 

OVERSIGHT AND INVESTIGATION : The civil service commission shall exercise oversight 
of all aspects of the personnel system. It shall have the power to conduct 
investigations into any aspect of the operation of the personnel system and to 
make recommendations to the mayor and the board of supervisors. The civil 
service commission may require periodic reports from the personnel director in a 
manner and form which it shall prescribe. 

Personnel Department 

POWERS AND DUTIES : The personnel department shall provide means to recruit, select, 
appoint, train, and maintain an effective and responsive workforce through 
procedures for employee hiring and advancement, training and career development, 
job classification, salary adninistration, discipline, discharge, and other 
related activities. 

DIRECTOR : A personnel director shall administer the personnel system. The director 
shall be appointed by, and shall serve at the pleasure of, the mayor. The director 
shall report to the mayor through the director of administration. 

The director shall promulgate necessary regulations consistent with the charter, 
ordinances, and civil service rules. Due notice shall be given before such 
regulations become effective. 

EXCLUSIONS FROM THE CIVIL SERVICE SYSTEM : All employees shall be either classified 
(included in civil service) or unclassified (exempt from civil service) . 

ATI appointments except those specifically exempted in this charter shall be 



(45) 



classified, except that: 

1) appointments to temporary positions, which shall not exceed six months in 
any twelve month period, and which shall not be renewable, may be outside 
the regular civil service; 

2) provisional appointments for classified positions, which shall not exceed 
six months and shall not be renewable, may be made for positions for which 
no list of eligibles exists. 

Temporary and provisional employees may receive the same fringe benefits, except 
retirement benefits, as permanent employees. 

&ASSIFICATTON : The personnel department shall establish a system of job classi- 
fication. The department shall create new classifications and shall as necessary 
re-classify existing positions, after appropriate notice to employee organizations 
and departments affected. 

Any classification or re-classification shall be appealable to the civil service 
commission by affected parties including employees, recognized employee organizations, 
and city departments. 

EXAMINATIONS : The personnel director shall conduct appropriate examinations for 
employment on an entrance, promotive, or combination entrance and promotive 
basis, and shall establish lists of eligibles based on their results. 

The rights contained in Section 8.324 of the current charter concerning veterans' 
preference in examinations, and in Section 8.361 concerning seniority for military 
leave during time of war, shall be retained. 



(46) 



DISCIPLINE : Public employees in the classified service shall have the right to 
due process in all disciplinary matters. For disciplinary matters in which a 
suspension of less than five days is imposed, an employee shall be granted a 
hearing and the right to appear before the appointing officer or designee in a 
manner to be prescribed by regulation. For disciplinary matters involving suspension 
of more than five days, demotion, or dismissal, an employee shall have the 
right, after exhausting the process above, to a hearing before the civil service 
commission, or to binding arbitration (as provided in Section 8.341 of the current 
charter) . 

Members of the police and fire departments shall be subject to discipline by the 
police or fire conmissions, rather than by the civil service commission, as 
provided in Section 8.343 of the current charter. 

Notwithstanding the above sections, procedures governing disciplinary matters may 
be established through labor-management agreement. 



(47) 

Employer-Employee Relations System 

PURPOSE : The employer- employee relations system shall provide a mechanism where- 
by the City and County can negotiate with recognized employee organizations on 
wages, hours and other terms and conditions of the employment. 

EMPLOYEE RELATIONS OFFICE : The mayor shall establish an employee relations office. 
A chief labor negotiator for the city shall be designed by the mayor and board of 
supervisors. The employee relations office shall: 

1) negotiate on behalf of the city with recognized employee organizations on 
all matters within the scope of negotiation; 

2) serve as the city's representative for the negotiation and administration of 
memoranda of understanding; 

3) evaluate the likely costs of various labor and management proposal under 
negotiation; 

4) be responsible for annual salary surveys. 

EMPLOYER-EMPLOYEE NEGOTIATIONS : Wages, hours, and other terms and conditions of 
employment for employees of the City and County shall be established through one 
of two methods: 

1) the City and County through its authorized representative shall meet and 

confer in good faith with recognized employee organizations and shall attempt 
to reach agreement on all matters within the scope of negotiation. Such 
agreement shall supersede any other terms and conditions of employment for 
covered employees established by this charter (in Appendix A*), ordinances, 
or other rules and regulations which are inconsistent with such agreements. 
Such agreements may provide a procedure for final and binding arbitration 
of grievances which may arise between representatives of the City and County 
and an employee or the contracting employee organization arising within 



(48) 

and under the agreement, or of disputes arising in negotiating such 
memoranda of agreement. 

On the expiration of an agreement all terms and conditions of employment 
contained in the agreement shall terminate, and no employee benefit 
contained therein shall continue after the expiration date of the agreement 
except as may be specifically provided in such agreement. 

2) In the absence of a negotiated agreement for any group of employees, wages, 
hours, and other terms and conditions of employment shall be provided as 
specified in Appendix A* of this charter. 

Terms and conditions of employment not specified in Appendix A* shall be 
determined by the employee relations division after survey in the six 
Bay Area counties of benchmark classes of public and private employees who 
are providing like work and like services. 

STRIKES : The "no strike" privisions in the current charter Sections 8.345 and 
8.346 shall be retained. 

"APPENDIX A will contain the provisions of the 1932 charter in Sections 8.401-8.588. 
which determine methods for setting salaries and which establish health plan 
contributions, vacation, leave, retirement and other benefits. 

Special Rights 

Those provisions in the current charter applying to police and fire uniformed employees , 
such as contained in Sections 3.531, 3.534, 3.540, 3.542, and 8.327, shall be retained. 

Health and Retirement Benefit Systems 

The Charter Commission has deferred detailed investigation in this area until complet- 
ion of the present draft, and is now stnjdyins; these systems. 



(49) 

COMMENTARY : This article strengthens each aspect of the -personnel system by creating 
a clear separation of responsibility between the civil service commission, personnel 
department, board of supervisors and mayor's office, employee relations office, and 
the retirement system. The article follows the C.harter Commission's philosophy of 
maintaining the integrity of the civil service principle through oversight by an 
independent civil service commission, and of improving the effectivness of the 
personnel department by better defining its administrative responsibilities and 
accountabi lity. 

A personnel department will administer the civil service system and deal with other 
aspects of personnel administration. 

A civil service commission, insulated from elected officials by fixed terms of office 
and removed from day-to-day administration and review of routine management actions, 
is given responsibilities which include hearing appeals, investigation and oversight, 
and approving rules concerning recruitment, selection, and appointment . 

The article simplifies the currently overlapping and confusing process of negotiating 
labor agreements by creating a single employee relations office, accountable to both 
the mayor and board of supervisors (who must approve agreements), which will serve 
as the city 's representative in labor negotiation. The article retains the provisions 
of article VIII of the current charter which determine wages, hours, and terms of 
employment. But it allows the city and employee organizations, by mutual agreement, 
to negotiate agreements that supersede charter provisions on issues within the scope 
of negotiation. Strikes will continue to be prohibited. 

The board of supervisors shall, of course, retain fiscal responsibility for all personnel 
matters. 

The Commission has not yet dealt with the retirement and health benefit systems and is 
now studying them in detail. 



(50) 

ARTICLE X 
ELECTIONS 

CITY-COUNTY ELECTIONS : A general municipal election shall be held on the Tuesday after 
the first Monday in November in odd numbered years. 

Should no candidate for mayor, a supervisorial seat, or any elected office receive a 
majority of the votes cast at the general municipal election for all the candidates 
for that specific office, the two candidates receiving the most votes for the office 
shall qualify as candidates for the municipal run-off election to be held on the 
second Tuesday of the next December. The municipal run-off election shall include 
only candidates for offices for which a run-off is required. 

Special municipal elections shall be called by the registrar of voters for votes on 
initiative, referendum, and recall petitions as required by this charter and to fill 
vacant supervisorial seats according to the section on vacancies in Article II. Special 
municipal elections may also be called by the supervisors for bond issues, declarations 
of policy, or the election of City and County officers not subject to general or run- 
off municipal elections . 

The board of supervisors shall maintain a $50,000.00 special fund to be used only to 
defray the expenses of a special election. If it is depleted, an appropriation must 
be made in the next annual budget to reimburse the fund. 

All provisions of general law regarding the matters of this article apply except as 
otherwise provided by this charter or by any ordinance of the city. 

TERMS OF ELECTIVE OFFICE : At the general municipal election in 1983 and every fourth 
year thereafter, a mayor, six supervisors, a sheriff, and a district attorney shall 
be elected. 

At the general municipal election in 1981 and every fourth year thereafter, 5 supervisors 
and a city attorney shall be elected. At the general election in 1980 and every fourth 
year thereafter 3 members of the board of education and 3 members of the governing 



(51) 

board of the community college district shall be elected. At the general election 
in 1982 and every fourth year thereafter 4 members of the board of education, 4 members 
of the governing board of the community college district, and a public defender shall 
be elected. 
All terms of office of elected officials shall commence at 12:00 o'clock noon on the 
eighth day of January following the date of their election. No person shall be 
eligible for a period of one year after the last day of service as mayor or supervisor 
for ap]x>intment to any full-time position carrying compensation in the City and 
County service. 

REGISTRAR OF VOTERS : The registrar of voters shall register voters , conduct elections , 
establish precincts, appoint precinct boards of election, and manage all other 
matters pertaining to elections in the City and County. 

NOMINATIONS : At least 60 days prior to the election, candidates for elective offices 
shall file with the registrar: 

a) a declaration of candidacy as prescribed by the registrar; 

b) either a filing fee of 2 percent of the current annual salary for that office, 
or signatures of San Francisco electors as provided by general law; 

c) a list of between 20 and 30 sponsors. 

All candidates shall be electors in the electoral district they seek to represent. 
Upon receipt of the necessary documents and/or fees the registrar shall certify the 

candidate as nominated and place his or her name on the ballot. A candidate may 

withdraw his or her candidacy up until 50 days before the election by filing a 

statement of withdrawal signed and sworn to by the candidate. 
The registrar shall preserve for a period of four years, in a manner accessible to 

the public, all candidates' declarations, petitions, and sponsors' certificates 

filed in accordance with this section. 



(52) 

PRECINCTS : The registrar shall appoint a board of election officers for each 

election precinct for each general, run-off, or special election. A board shall 
consist of one inspector, one judge, and two clerks, or when voting machines are 
used, one inspector and two judges. 

The registrar may withhold the pay of any election officer who neglects, disregards, 
or violates the election laws. 

ELECTION MATERIAL MATT .ED JO VOTERS : A voter's pamphlet including a sample ballot, 
candidates 1 statements and lists of sponsors, pro and con arguments and a financial 
impact statement of all ballot measures, and pros and cons of the recall of any 
officers shall be mailed to each registered voter, or one per surname if living at 
the same address, at least 10 days prior to each election. 

ELECTORS- ELIGIBILITY : The registrar of voters shall qualify electors as prescribed by 
general law. 

DETERMINATION OF ELECTION RESULTS : The canvas of voters, canvas of returns, declaration 
of election, and certification of elections shall be made as provided by general 
law. If a person elected fails to qualify, the office shall be filled in the manner 
this charter provides for filling a vacancy in that office. 

REPORTING OF CAMPAIGN FINANCING : The board of supervisors shall prescribe requirements 
for campaign reporting and spending limitations for all candidates for elective 
office in the City and County. 



(53) 



COMMENTARY : This article remains essentially the same as in the current charter. 
Language has been modernized and dates have been made consistent with the balance 
of this discussion draft. 



(54) 

ARTICLE XI 
INITIATIVE, REFERBDUM, AM) RECALL 

INITIATIVE , REFERENDUM , DECIARATTONS OF POLICY , AND RECALL : The registered voters 
reserve the power to enact city ordinances, called the "initiative", and the power 
to nullify ordinances enacted by the city, called the "referendum", whenever the use 
of the initiative or referendum is permitted or required by general law. However, 
these powers do not extend to the budget or any ordinance for the appropriation of 
money; the referendum power does not extend to any emergency ordinance. 

Any declaration of policy may be submitted to the electors either by initiative or 
referendum. When approved by a majority of the qualified electors voting on said 
declaration, it shall thereupon be the duty of the board of supervisors to enact an 
ordinance or ordinances to carry such policies or principles into effect within 90 
days of certification by the registrar of voters, subject to the referendum provisions 
of this charter. 

Any elected official may be recalled from office by the electors of his/her electoral 
district as provided by this charter and general law, except that no recall petition 
shall be filed against any officer until such officer has held office for at least 
six months . 

PETITIONS : Any petition signer may withdraw his or her name from a petition by filing 
a verified revocation of that signature only before the petition has been filed. 

INITIATIVES AND DECLARATIONS OF POLICY : The electors of the City and County may by 
petition propose an initiative measure or declaration of policy. If such petition 
be signed by registered voters in a number equivalent to at least 5 percent, but 
less than 10 percent, of the entire vote cast for mayor in the last preceding regular 
mayoral election, then such measure of declaration shall without alteration be sub- 
mitted by the registrar of voters to a vote of the electorate. Such vote shall occur 



(55) 

at the next general state or municipal election that shall occur at any time after 
30 days from the date of the certificate of stiff iciency attached to the petition 
accompanying such measure unless the board of supervisors, by ordinance, directs 
that the measure or declaration be voted on at a special election. 
If the petition accompanying a proposed initiative measure or declaration of policy 
be signed by registered voters in a nunber equivalent to at least 10 percent of the 
entire vote cast for mayor in the last preceding regular mayoral election and if the 
petition contains a request that such measure of declaration be submitted forthwith to 
a vote of the elecorate at a special election, the registrar shall forthwith call a 
special election. Such special election shall be held at a date not less than 60 
nor more than 75 days from the date of calling the same, at which election said 
measure or declaration without alteration shall be submitted to a vote of the 
electorate, unless it is within 60 days of a general or primary election, in which 
event it shall be submitted at such general or primary election. 

REFERENDUM : Referendum petitions must be signed by a number of City and County 

electors equivalent to at least 10 percent, or in the case of any ordinance granting 
any public utility franchise at least 5 percent, of the total number of votes cast 
for mayor in the last regular election. 

Any referendum proposed by a majority of the board of supervisors shall be voted on at a 
general or special election within 30 days of the referral. Any referendum txroposed by 
1/3 of the supervisors or by the mayor shall be voted on at the next general election. 

RECALL : A recall petition for any elected official other than a supervisor must include 
the signatures of electors in a number equivalent to at least 10 percent of the entire 
votes cast for mayor at the last preceding mayoral election. A recall petition for 
a supervisor must include the signatures of electors within that supervisorial 
district in a number equivalent to at least 10 percent of the vote cast for mayor in 
that particular supervisorial district. 



(56) 

Upon certification of sufficiency of the recall petition by the registrar of voters, 
the registrar shall forthwith call a special election, to be held at a date not 
less than 60 nor more than 75 days from the date of calling the same at which said 
recall shall be submitted to a vote of the electorate, unless -within 60 days of a 
general or primary election, in -which event it shall be submitted at such general 
or primary election. 



(57) 

COMMENTARY: This article remains essentially the same as the current charter. 
Language has been modernized and the article is now comprehensive and reflects 
all provisions relating to initiative, referendum, and recall. 



(58) 

XII 

MISCELLANDUS FWISIOKS 

OPERATION OF CABLE GARS : To remain the same as in current charter section 3 . 595 . 

ACQUISITION OF FJBLIC UTTLil'Ih^ : To remain the same as in current charter section 3.599. 

AFFRQFRIATIOfrS FOR MAINTENANCE OF CERTAIN CULTURAL FACILITIES : Intent to remain 
the same as in c u rrent charter section 6.404, 

OPEN SPACE ACQUISITION AND PARK RFIOVATICN FUND : Intent to remain the sane as .in 
current charter section 6.413. Language must be changed to comply with 
provisions of prop osition 13. 

LAW LIBRARY: To remain the sane as in current charter section 4.104. 



CITIZEN PARTICIPATION ; PIBLICATTCN OF ANO ACCESS - JO PUBLIC DOCLKENTS : The publication 
of and full public access to public documents, except for those subject to 
confidentiality , shall, be as required by law. 

FRANCHISES : Franchises shall be granted by a competitive procurement process for not 
more than 25 years. 

FINANCIAL DISCLOSURE : All public officers , as rtefin,^ by state law and including all 
the conmissioners of the City and County, shall disclose financial information in 
accordance with general law. The county clerk shall maintain all such records and 
be responsible for the enforcement of this section. 

CONFLICT OF INTEREST : The conflict of interest section is still under study. The 
complete language will appear in the second discussion draft of the charter. 



(59) 



COMMENTARY : The first five miscellaneous provisions will not be changed from the 
way they are currently carried in the charter. 

A conflict of interest section will appear in the second discussion draft charter. A 
change contemplated is to allow officers or commissioners to abstain fvom voting 
on- the specific items in which they have a conflicting interest rather than the 
current charter provision which forces them to resign their position. Failure 
to publicly declare such an interest would still be cause for dismissal. 

The sections entitled "Appropriations for Maintenance of Certain Cultural Facilities" 
and "Open Space Acquisition and Park Renovation Fund" will be studied as part 
of the work of the Commission's new task force on the arts. 



>>s 



The next stage of the charter revision process belongs to you, the residents 
of San Francisco. We hope you will come to one of the meetings we have arranged to 
discuss this first draft, (see schedule below), and that you will fill out and send 
to us the response form printed at the bottom of the page. 

We also want to know which sections of this draft charter you agree with, which 
you disagree vrith, and what suggestions you have, so that we can prepare a second draft 
more in line with your wishes. Remember, the Commissioners are still dealing with 
concepts, not final legal language. This draft is not final; we need your ideas. 
Write to us at the address below and provide us wiih your bcmnents. 

We Charter Commissioners have a rare opportunity —to write a governing document. 
We want you to share this opportunity with us. Together we can contribute to this 
extraordinary city for the benefit of all. 



San Francisco Charter Commission 






Proposed 

CHARTER 

City and County of San Francisco 



Second Discussion Draft 
11 June 19SO 



Wilson Chang, 

Chairman 
Jack Morrison, 

Vice Chairman 
Rodney Johnson, 

Secretary 

Frank Fitch, 
Treasurer 
Thomas Cahill 
Agnes Chan 



Eulalio Frausto 

James Haas 

Pat Jackson 

Leo Jed 

Haig G. Mardikian 

Pat Schultz 

Steven A. Waldhom 

Samuel W Walker 

Jack Webb 

Glen W Sparrow, 
Executive Director 



ITOfcll Smx-t.R(x>m HvSan KunciscuCA 94102 (41.S)S.S2-7XK7 



San Francisco Charter Commission 

MESSAGE FRCM THE SAN FRANCISCO CHARTER OCMflSSIONERS : 

Two years ago we were elected to review and revise the charter 
„.. _. of the City and County of San Francisco. 

Vilson Chang, 

ick Morrison, -^ was c ^- ear to us from the outset that only with input and 

Vice Chair 

lodney Johnson, suggestions from you the citizens could we draft a charter that would 



of San Franciscans in this revision process remains a high priority and 
we have made every effort to inform and involve you in this work. That is 



Secretary 

rank Fuch, meet the city's needs at this critical time in our history. The participation 

Treasurer 
'homas Cahill 
gnes Chan 
ulalio Frausto 
imes Haas 

eo led "" ^^y ^ c h° se from the first to draft this charter in a number of phases . 

laig G. Mardikian 

u Schukz This way each draft would be published when completed and the public 

'.even A Waldhom 

imuel W. Walker invited to conment on the draft . 

ck Webb 

tten W Sparrow, ^ re f ^ rst draft of a revised charter , written largely to stimulate 

Executive Director 

discussion of the important issues involved, was published last January. 
During the many discussion meetings and public hearings which followed, 
we heard comments, criticism, and suggestions. We paid careful attention 
to what was said, and responded to the concerns expressed to us. 

Therefore, you will see many changes in the second draft, which is 
published below. We have retained the elected Assessor and Treasurer, 
because citizens told us they wanted those officials to remain elective. 
We have made any raise in the Supervisors' salaries dependent upon approval 
by the voters. We have changed the term and responsibilities of the 
Controller, but given that office more independence than in the first draft. 

The budgeting function of the city has been changed to provide flexi- 
bility, accountability, and sound fiscal control. A new personnel system 
protects the integrity of the merit system and provides for effective 
administration . 



170 fell Street. R(K>ni 16. San HunciscuCA 94102 (415)552-7X87 



All current departments and ccximissions are retained in the 
charter, because we felt that the commissioners provide a valuable 
means for public participation in making policy for the city. 

We have placed the arts in a special section, recognizing 
San Francisco's historic concern for art and culture, and we have 
provided a mechanism for assuring them some financial support. 

We are ready now to hear your contnents and suggestions on this 
second draft. A schedule of public hearings is published elsewhere 
in this section; also, we welcome your written comments, which you 
may send to us at 170 Fell Street. Because our final draft must be 
completed by August 7, however, we need to receive your views as soon as 
possible. 

The charter is the most important document in our city. It affects 
everyone who lives and works here; it sets the limits within which all 
city agencies and officials must operate. Since 1850, San Francisco 
has had 7 charters; the current one was adopted in 1932, when times 
were very different. 

Times change and needs change; a charter should change when nec- 
essary to meet new challenges. The restrictions placed on city gov- 
ernment by Propositions 13 and 4, state mandates, and federal requirements 
recprLre action by the city. Yet the current, outdated charter restricts 
San Francisco in its ability to respond to these requirements and in 
itf; ability to use modern technology and management methods. 

These are our goals: 

* To provide flexibility to meet emerging challenges; 



* To hold elected representatives responsible for 
their actions; 

* To allow professional administrators to provide 
services and manage departments efficiently; 

* To allow for greater public participation in the review 
of governmental decisions; 

* To respond to the needs of the people of San Francisco. 

We hope you will read this second draft and participate with us 
in this process which can mean so much to our city's future. 

Respectfully, 

The San Francisco Charter Conmission: 

Thomas Cahill Rodney Johnson 

Agnes Chan Haig G. Mardikian 

Wilson Chang Jack Morrison 

Frank Fitch Pat Schultz 

Eulalio Frausto Steven A. Waldhorn 

James Haas Samuel W. Walker 

Pat Jackson Jack Webb 
Leo Jed 



San Francisco Charter Commission 



°o c 



Vilson Chang, 

Chair 
ick Morrison, 

Vice Chair 
'.odney Johnson, 

Secretary 

rank Fitch, 
Treasurer 
'homas Cahill 
gies Chan 
ulaiio Frausto 
\mes Haas 
n Jackson 
eo Jed 

\aig G. Mardikian 
it Schultz 
:even A Waldhom 
imuel W Walker 
ck Webb 

'den W Sparrow, 
Executive Director 



" '- ■<■■-■• 



June 6, 1930 



SIM1ARY OF SECOND DRAFT OF CHAPTER 









LEGISIA TTVE BRANCH 

The Board of Supervisors will be c ..stituted and elected 
as at present. They will ";et their compensation but it will not 
take effect vntil approved by the voters. 

The Board is to be the primary policy making body of the 
City. In furtherance of this role, the Board will no longer 
be required to approve minor contracts and other administrative 
matters. Its ability to oversee and investigate the executive 
branch shall be increased. To carry out this function, the 
Board shall appoint a legislative auditor who will serve at 
the Board's pleasure. The legislative auditor shall conduct 
various types of fiscal and management studies of the executive 
branch and shall report the results to the Board. The Board 
shall also contract with an independent certified accounting 
firm for certification of the annual financial statement for 
the City and County. 

The Board shall revie and adopt the Mayor's budget, but 
may not increase the total amount of the budget above the mayor's 
protxDsed expenditure figure. The budget most be balanced. 



170 hell Street. Room 16, San Francisco. ( IA94102 (415): \52-7XX7 



Summary of Second Draft of Charter 
June 6, 1980 



EXECUTIVE BRANCH-MAYOR 

The Mayor, the chief executive of the City and County, 
will be elected as at present. Within the office of the Mayor, 
there shall be three statutory officers: 

Administrative Officer . The Administrative Officer shall 
be a professional administrator appointed by the Mayor for 
a four year term coinciding with the term of the Mayor. The 
Administrative Officer may only be removed with the concurrence 
of the Board. The Administrative Officer will be responsible 
for providing genera], services to all city departments and for 
overseeing purchasing and contracting. Until a study of the 
Department of Public Works can be carried out for the Mayor 
and the Board of Supervisors (see belcw) , the department will 
remain under the supervision of the Administrative Officer. 

Director of Managaiient a nd Budget. The Director shall be 
appointed by and serve at the pleasure of the Mayor. The 
Director will be responsible for preparing annua?, and estimated 
future budgets. The office will also make periodic fiscal, 
performance and management analyses of the executive branch, 
manage grants, and coordinate the planning activities conducted 
by the various units of city government. 

Controller. The Controller shall be a Qualified professional 
appointed by the Mayor and confirmed by the Board of Supervisors 



Summary of Second Draft of Charter 
June 6, 1980 



for a six year term. Tne Controller may only be removed with 
the concurrence of the Board. The Controller will be the 
chief accountant of the City and County and make disbursements 
to vendors and providers of goods and services to the City and 
County and pay city esp?.oyees . The Controller shall have the 
nower to withhold any dis 1 - ursement which appears to be questionable 
or improper and to make appropriate investigations. 

EXECUTIVE BRANCH-DEPARTMENTS AND COMISSI0NS 

The fol?_owing departments will be described in the charter: 

(a) Police 

(b) ^ire 

(c) Health 

(d) Social Services 

(e) Port 

(f) Airport 

(g) Recreation and Park 
(h) Public Utilities 

Each department will be headed by an executive and overseen 
by a commission. The commissioners will be appointed by, and 
serve staggered four year terms at the pleasure of, the Mayor. 
The number of commissioners for each department will remain as at 
present with the former health department having a seven person 
commission. The department executive will be nominated, by the 



Summary of Second Draft of Charter 
June 6, 1980 



ccermission and appointed by the Mayor. Executives will then 
serve at the pleasure of the commissions. 

The following commissions will be described in detail: 

Planning (including the planning department) 

Civil Service 

Human Rights 

Permit Appeals 

The planning commissioners will be appointed by and 
serve staggered four year terms at the pleasure of the Mayor 
and will appoint the Planning Director (as at nresent) . The 
Mayor shall appoint the commissioners of the other three 
commissions for four year staggered terms and may discharge 
these commissioners only for cause. 

The Board and the Mayor, after a study of the T> ublic Woiks 
Department and the Public Utilities Commission, may establish 
(without a vote of the people) a Transportation Department and 
a Municipal Utilities Department, both with five person commissions. 
Any functions of the Public Works Department not included in the 
new departments will remain, under the supervision of the Administrative 
Officer. 

Department executives will be able to reorganize their departments. 

The Mayor by executive order can move bureaus or other 
units of government between departments if the Board of Supervicc -s 
does not disapprove within 30 days. 

The city is not prohibited from contracting out for services. 



Summary of Second Draft of Charter 
June 6, 1980 



OTHER ELECTED OFFICIALS 

All of the present independent elected officials will 
remain with powers and duties as at present. The language describ- 
ing the treasurer's office will be clarified so that the 
treasurer can also serve as tax collector and better coordinate 
the treasury and collection functions of that office. 

EDUCATION 

The Board of Education and the Community College District 
Board will remain elected as at present . The Public Library 
will be included in this article and remain constituted as at 
present. 

FINANCIAL PROVISIONS 

The present detailed provisions for the budget will be 
replaced by enabling legislation directing the Board of Supervisors 
to adopt an ordinance setting forth the form, content and schedule 
for the budget. The budget must be balanced with revenues equaling 
expenditures . 

PERSONNEL 

The personnel functions of the city shall be constituted as 
follows : 

(a) Civil Service Commission . The Commission shall hear 
and adjudicate appeals brought by individual city 
employees of decisions made by the Director of Personnel. 



Sunmary of Second Draft of Charter 
June 6, 1980 



The Coimiission shall conduct investigations and make 
recommendations to the Mayor and Board of Supervisors 
on the personnel system. 

(b) Personnel Deparonent . The department shall be the 
employment agency for all departments of the City and 
County. The Director shall be appointed by the Mayor. 

The Director shall have the power to promulgate regulations 
consistent with ordinance and the charter. 

(c) i iknployment Relations Office . This office will be located 
in the office of the Mayor and shall deal with all employee 
bargaining units. The Mayor shall nominate and Board 

of Supervisors shall confirm a person to serve as employee 
relations negotiator for the City and County. This person 
shall negotiate with employee bargaining units on behalf 
of both the Mayor and the Boarci of Supervisors. 
The salaries and benefits of city employees shall be set by 
the existing formulas. However, the city and an employee bargaining 
unit may ent-ir into collective bargaining on salaries , benefits , 
working conditions, work rules, etc. , and agree to contracts specifying 
such terms. Should the city and the bargaining unit find themselves 
unable to agree to terms in the initial or subsequent negotiations, 
then the formula terms would prevail. City employees wculd be 
prohibited from striking but without the extreme penalties as 
presently in effect. 



Summary of the Second Draft of the Charter 
June 6, 1980 



ARTS 

The Miseums, the War ^femorial Board and the Art ConraLssion 
will be described in detail in this article. A charter mandated 
appropriation of funds for arts will be provided for in this article. 
It shall be a minim im of 20% of the current 8% hotel tax and shall 
be allocated by the Administrative Officer with recommendations 
from the Art Commission. 



PROPOSED CHARTER 

of the 

City and County of San Francisco 

TABLE OF CONTENTS 

Page 

Preamble - 1 

Article I - Existence and Powers of the City 

and County 2 

Article II - Legislative Branch 2 

Article III - Executive Branch - Office of the Mayor . 10 

Article IV - Executive Branch - Boards, Commissions 

and Departments 15 

Article V - Other Elective Officers 33 

Article VI - Judicial Branch . . 36 

Article VII - Education and Libraries 37 

Article VIII - Arts and Culture 39 

Article IX - Financial Provisions 44 

Article X - Personnel Administration 51 

Article XI - Employer-Employee Relations System ... 58 

Article XII - Employee Retirement and Health 

Service Systems 61 

Article XIII - Elections 64 

Article XIV - Initiative, Referendum and Recall .... 67 

Art: cle XV - Miscellaneous Provisions 70 



Article XVI - Definitions 77 

Article XVII - Transition Provisions 79 



PREAMBLE 

In order to obtain the full benefit of home rule 
granted by the Constitution of the State of California; to 
improve the quality of urban life; to encourage the partici- 
pation of all citizens and all sectors in the affairs of the 
City and County; to enable municipal government to meet the 
needs of the people effectively and efficiently; and to 
assure equality of opportunity to every resident; 

We, the people of the City and County of San 
Francisco, ordain and establish this Charter as the funda- 
mental law for the government of the City and County. 



ARTICLE I 
EXISTENCE AND POWERS OF THE CITY AND COUNTY 

1.100 Name and Boundaries 

The City and County of San Francisco shall con- 
tinue as a municipal corporation and as a county with such 
boundaries as are prescribed by law. 

1.101 Rights and Powers 

The City and County shall have all rights and 
powers of a charter city and county under the Constitution 
and laws of the State of California. 

All rights and powers of a city and county which 
are not specified in this Charter may be exercised by ordi- 
nances or resolutions as prescribed by this Charter. 

1.102 Construction 

The rights and powers of the City and County under 
this Charter shall be construed liberally in favor of the 
City and County. The reference to any particular power in 
this Charter shall not be construed as in any way limiting 
the general powers of the City and County. 

1.103 Intergovernmental Relations 

The City and County may participate in inter- 
governmental activites. 



■2- 



ARTICLE II 
LEGISLATIVE BRANCH 



2 . 100 Composition 

The board of supervisors shall consist of 11 mem- 
bers elected by district. 

2.101 Districts 

There shall be 11 supervisorial districts which 
shall be described by ordinance, and numbered one through 
11, respectively. The board of supervisors shall adjust the 
boundaries of supervisorial districts following each Federal 
census. No change in the boundary of any district shall 
disqualify a supervisor from serving the remainder of the 
term for which elected. 

2.102 Term of Office 

Each member of the board of supervisors shall be 
elected at a general municipal election and shall serve a 
four-year term commencing on the second Monday in January 
following election and until a successor qualifies. Members 
representing even-numbered districts shall be elected in 
1981 and every four years thereafter. Members representing 
odd-numbered districts shall be elected in 1983 and every 
four years thereafter. 

2 . 103 Vacancies 

If a vacancy shall exist on the board of supervi- 
sors because of the death, resignation, permanent disability 
or the inability of a member to otherwise carry out the 
responsibilities of the office, and such vacancy shall occur 
more than 120 or less than 45 days prior to a general 
municipal election or a statewide election, the board of 
supervisors shall promptly direct the Registrar to call a 
special municipal election for the election of a person to 
fill the balance of the former member's unexpired term. 
Such special municipal election shall be held within 60 days 
following the date on which a vacancy shall have occurred. 

2.104 Meetings 

The board of supervisors shall meet at the legis- 
lative chamber in City Hall at 12:00 noon on the second 



-3- 



Monday in January in each even-numbered year. Thereafter, 
regular meetings shall be held on such dates and at such 
times as shall be fixed by ordinance. 

All regular and special meetings of the board of 
supervisors shall be held at the legislative chamber in City 
Hall, provided that the board may, by resolution, designate 
some other appropriate location as its temporary meeting 
place. Notice of any meeting at a place other than the leg- 
islative chamber in City Hall shall be published at least 24 
hours in advance of such meeting. 

Notwithstanding the above, in case of an emergency 
affecting the safety of any meeting place, the president of 
the board of supervisors may designate an appropriate loca- 
tion as the board's temporary meeting place. 

2 . 105 Quorum 

The presence of a majority of the members of the 
board of supervisors at a regular or special meeting shall 
constitute a quorum for the transaction of business. In the 
absence of a quorum, a smaller number of members may adjourn 
and compel the attendance of absent members in the manner 
and subject to the penalties provided by ordinance. 

In the absence of a quorum, any meeting may be 
adjourned from time to time by a vote of a majority of the 
members present, but no other business may be transacted. 

2 . 106 Calendar of Agenda Items 

A written agenda clearly and concisely describing 
each item of business to be considered at a regular or spe- 
cial meeting of the board of supervisors or any of its com- 
mittees shall be made available to the public prior to the 
commencement of such meeting. In the case of the board of 
supervisors, such agenda, together with a statement of the 
time and place at which copies of proposed ordinances and 
resolutions may be obtained, shall be published at least one 
business day before each regular meeting and each special 
meeting of the board of supervisors. 

2 . 107 Ordinances and Resolutions 

The board of supervisors shall meet and transact 
its business according to rules which it shall adopt. 



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The board of supervisors shall act only by written 
ordinance or resolution, except that in procedural or par- 
liamentary matters the board of supervisors may act by 
motion. An ordinance or resolution may be introduced before 
the board of supervisors by a member of the board, a com- 
mittee of the board or the mayor, and shall be referred to 
and reported upon by an appropriate committee of the board. 
An ordinance or resolution may be prepared in committee and 
reported out to the full board for action. Except as other- 
wise provided in this Charter, passage of an ordinance or a 
resolution shall require the affirmative vote of a majority 
of the members of the board at each reading. 

An ordinance shall deal with only one subject 
matter, except that appropriations ordinances may cover 
appropriation with respect to any number of subjects. The 
title of each ordinance shall clearly reflect the content of 
the ordinance. 

Except as otherwise provided in this Section 2.107 
and in Section 2.108, passage of an ordinance shall require 
two readings at separate meetings of the board, which shall 
be held at least five days apart. If an ordinance is 
amended at its second reading, the ordinance shall require a 
further reading prior to any vote upon the matter. Resolu- 
tions shall require only one reading and, by unanimous 
affirmative vote of the members of the board who are present 
(but in no event less than a quorum), may be adopted upon 
introduction without reference to committee. 

All ordinances, other than emergency ordinances, 
sha!.l take effect on the date specified therein (but not 
earlier than 30 days following the date of passage unless 
passed by a vote of eight or more members of the board) . 
Resolutions may take effect immediately upon passage, or at 
such other time as shall be specified in the resolutions. 

The board of supervisors may enact an ordinance 
which has been vetoed by the mayor pursuant to Section 3.103 
of this Charter if, within 30 days after such veto, not less 
than eight members of the board shall vote in favor of such 
ordinance, except that with respect to a mayoral veto, or 
reduction, of an individual item of the annual budget, such 
favorable vote of the board must occur within ten days of 
the veto . 

Any other provision of this Charter notwith- 
standing an ordinance granting a franchise may not be passed 
within 90 days of its introduction. 



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2 . 108 Emergency Ordinances 

An emergency ordinance may be passed in cases of 
public emergency affecting life, health or property. The 
affirmative vote of eight members of the board of supervi- 
sors shall be required for the passage of an emergency ordi- 
nance. The form and manner of introduction of an emergency 
ordinance shall be as required for ordinances generally, and 
in addition an emergency ordinance shall contain a declara- 
tion setting forth the existence of the emergency, including 
a clear and concise description thereof, and an explanation 
of how the measures contemplated by the ordinance will 
assist in alleviating the emergency. 

An emergency ordinance shall be effective upon 
passage and shall automatically terminate as of the 61st day 
following passage. An emergency ordinance may be reenacted 
upon the same terms and conditions applicable to its initial 
enactment . 

No emergency ordinance may levy taxes, grant, 
renew or extend a franchise, regulate the rate charged by 
any public utility for its services, set salaries, issue 
bonds, or buy, sell or lease land. 

2 . 109 Policy and Priorities Resolution 

The board of supervisors shall act on the mayor's 
proposed policies and priorities resolution submitted pur- 
suant to Section 3.100 of this Charter within 30 days of its 
submission to the board. 

2.110 Records of Proceedings 

The clerk of the board of supervisors shall keep a 
permanent public record of the proceedings of the board 
showing all action considered and taken, the text of ordi- 
nances and resolutions introduced and all amendments 
thereto, and the vote of each member of the board regarding 
any matter before the board. The clerk of the board shall 
cause the text of all ordinances or resolutions passed by 
the board to be published promptly and readily available to 
the public. 

2.111 Rates, Fees and Similar Charges 

Not less than 30 nor more than 45 days prior to 
the proposed date of adoption, each schedule of rates, fees 
and similar charges proposed to be established by any board, 



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commission (other than the port commission) or department of 
the City and County, or any amendment to existing schedules 
of rates, fees or similar charges, shall be submitted to the 
board of supervisors for passage by ordinance. Within 30 
days of such submission the board of supervisors may approve 
or reject the proposed rates, fees or similar charges. 
Failure of the board to act upon such submission within the 
required time period shall be deemed to constitute the 
approval of the board. 

2.112 Sale or Lease of Real Property 

Any lease of real property for a period of ten or 
more years under which the City and County is a lessor, and 
any sale of real property owned by the City and County, 
shall be approved by resolution of the board of supervisors, 
prior to such lease or sale. Leases of property under the 
jurisdiction of the Port Commission for maritime use shall 
be exempt from the requirements of this Section. 

2.113 Fidelity Bonds 

The board of supervisors shall, by resolution, 
determine which officials of the City and County shall be 
required to post fidelity bonds and the respective amounts 
of any such bonds. An annual review of bonding requirements 
shall be conducted by the board of supervisors. 

2.114 Hearings, Inquiries and Investigations 

The board of supervisors may require such periodic 
or special reports of departmental costs, operation and 
expenditures, examine the books, papers, records and 
accounts of, and inquire into matters affecting the conduct 
of any department or office of the City and County, and for 
that purpose may hold hearings, subpoena witnesses, admin- 
ister oaths and compel the production of books, papers, tes- 
timony and other evidence. It shall be the duty of the 
chief of police to designate a police officer to serve sub- 
poenas. Any person refusing to obey such subpoena and the 
other requirements hereof, or to produce such books, shall 
be deemed in contempt and subject to proceedings and penal- 
ties as provided by law. 

By resolution the board of supervisors may dele- 
gate its powers under this Section 2.114 to a duly consti- 
tuted committee of the board or to a board or commission of 
th«: City and County. 



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2.115 Declaration of Policy 

A declaration of policy may be submitted to a vote 
of the people in the same manner as required by Article XIV 
for an initiative. Upon approval by a majority of the votes 
cast with respect to the declaration, the board of supervi- 
sors shall within 90 days of such approval take such actions 
within their powers as shall be necessary to carry such dec- 
larations of policy into effect. 

No special municipal election shall be called with 
respect to a declaration of policy. 

2.116 Non-interference in Administration 

Except for purposes of hearings, inquiries and 
investigations, the board of supervisors, its committees and 
members shall deal with administrative matters of the City 
and County for which elective officials are responsible, 
solely through the official concerned. Neither the board of 
supervisors, its committees nor any of its members shall 
have any power or authority with respect to any appointment, 
promotion, compensation, disciplinary action, contract, 
requisition for purchase, or other administrative recommen- 
dation or action of department heads or other appointed 
officers under elective officials. The board of supervisors 
shall deal with administrative matters of the City and 
County only in the manner prescribed by this Charter, and 
any violation of this prohibition shall constitute official 
misconduct. Notwithstanding this Section, a member of the 
board of supervisors may comment on administrative matters 
at a public meeting or through letter (with a copy of such 
letter to the clerk of the board of supervisors, which shall 
be available for public inspection) . 

2.117 Legislative Audit 

The board of supervisors shall, by resolution, 
select a firm or firms of independent accountants to audit 
and report upon the annual financial statements of the City 
and County. 

2.118 Legislative Auditor 

The board of supervisors shall, by resolution, 
appoint a legislative auditor who shall be responsible for 
such matters as the board may prescribe, including a review 
of the operations, management and expenditures of any 
department of the City and County. 



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2.119 President of the Board 

At its regular meeting on the second Monday in 
January in even-numbered years, the board of supervisors 
shall elect one of its members president for a two-year 
term. The president shall preside at all meetings of the 
board, appoint all standing and special committees of the 
board, assign legislation to committees of the board and 
have such other powers and duties as may be assigned by the 
board. 

2.120 Staff to the Board 

The board of supervisors shall have the power to 
appoint a staff adequate to enable the board, its committees 
and members to perform their duties and carry out their 
responsibilities under this Charter. 

The board of supervisors shall appoint a clerk of 
the board who shall have charge of the office and records of 
the board and its committees and its staff. The clerk shall 
keep a public record of the proceedings of the board as pro- 
vided by Section 2.110 of this Charter and shall keep prop- 
erly indexed files of all ordinances and resolutions. The 
clerk of the board shall be responsible for the publication, 
as required by law, of ordinances, resolutions and other 
matters acted on by the board for which publication is 
specified. The clerk of the board shall have such other 
duties and responsibilities as the board shall prescribe. 

2.121 Compensation 

Within a balanced budget, the board of supervisors 
shall establish by ordinance the salaries of all elected 
officials of the City and County. The salary of each such 
elected official shall be consistent with the responsibili- 
ties of the office. Salaries established by the board of 
supervisors for its members shall not take effect until 
approved by a majority of the voters at the next succeeding 
general municipal or statewide election. 



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ARTICLE III 
EXECUTIVE BRANCH - OFFICE OF THE MAYOR 

3 . 100 Powers and Responsibilities 

The mayor shall be the chief executive officer and 
the official representative of the City and County, and 
shall serve full time in that capacity. The mayor shall 
enforce all laws relating to the City and County. 

The mayor shall have responsibility for: 

1. Coordination of administration of all depart- 
ments of the City and County; 

2. Coordination of all intergovernmental activi- 
ties of the City and County, and nomination and, upon con- 
firmations by the board of supervisors, appointment of rep- 
resentatives of the City and County to intergovernmental 
bodies. 

3. Receipt and examination of complaints relating 
to the administration of the affairs of the City and County, 
and immediate delivery of findings and actions taken to the 
complainant; 

4. Assurance that appointees to various govern- 
mental positions with the City and County are qualified and 
are as representative of the communities of interest and 
diverse population of the City and County as is reasonably 
practicable, and shall have representation of both sexes; 

5. Submission of ordinances and resolutions by 
the executive branch for consideration by the board of 
supervisors; and 

6. Introduction before the board of supervisors 
of a proposed policies and priorities resolution which shall 
set forth proposed policies and budget priorities of the 
City and County for the ensuing fiscal year; 

7. Introduction before the board of supervisors 
of the annual budget for the City and County; 

8. Such other matters as are provided by this 
Charter or law for the chief executive officer of a city and 
county. 



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2.119 President of the Board 

At its regular meeting on the second Monday in 
January in even-numbered years, the board of supervisors 
shall elect one of its members president for a two-year 
term. The president shall preside at all meetings of the 
board, appoint all standing and special committees of the 
board, assign legislation to committees of the board and 
have such other powers and duties as may be assigned by the 
board. 

2.120 Staff to the Board 

The board of supervisors shall have the power to 
appoint a staff adequate to enable the board, its committees 
and members to perform their duties and carry out their 
responsibilities under this Charter. 

The board of supervisors shall appoint a clerk of 
the board who shall have charge of the office and records of 
the board and its committees and its staff. The clerk shall 
keep a public record of the proceedings of the board as pro- 
vided by Section 2.110 of this Charter and shall keep prop- 
erly indexed files of all ordinances and resolutions. The 
clerk of the board shall be responsible for the publication, 
as required by law, of ordinances, resolutions and other 
matters acted on by the board for which publication is 
specified. The clerk of the board shall have such other 
duties and responsibilities as the board shall prescribe. 

2.121 Compensation 

Within a balanced budget, the board of supervisors 
shall establish by ordinance the salaries of all elected 
officials of the City and County. The salary of each such 
elected official shall be consistent with the responsibili- 
ties of the office. Salaries established by the board of 
supervisors for its members shall not take effect until 
approved by a majority of the voters at the next succeeding 
general municipal or statewide election. 



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ARTICLE III 
EXECUTIVE BRANCH - OFFICE OF THE MAYOR 

3 . 100 Powers and Responsibilities 

The mayor shall be the chief executive officer and 
the official representative of the City and County, and 
shall serve full time in that capacity. The mayor shall 
enforce all laws relating to the City and County. 

The mayor shall have responsibility for: 

1. Coordination of administration of all depart- 
ments of the City and County; 

2. Coordination of all intergovernmental activi- 
ties of the City and County, and nomination and, upon con- 
firmations by the board of supervisors, appointment of rep- 
resentatives of the City and County to intergovernmental 
bodies . 

3. Receipt and examination of complaints relating 
to the administration of the affairs of the City and County, 
and immediate delivery of findings and actions taken to the 
complainant; 

4. Assurance that appointees to various govern- 
mental positions with the City and County are qualified and 
are as representative of the communities of interest and 
diverse population of the City and County as is reasonably 
practicable, and shall have representation of both sexes; 

5. Submission of ordinances and resolutions by 
the executive branch for consideration by the board of 
supervisors; and 

6. Introduction before the board of supervisors 
of a proposed policies and priorities resolution which shall 
set forth proposed policies and budget priorities of the 
City and County for the ensuing fiscal year; 

7. Introduction before the board of supervisors 
of the annual budget for the City and County; 

8. Such other matters as are provided by this 
Charter or law for the chief executive officer of a city and 
county. 



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The mayor shall have the power to: 

1. Speak and be heard with respect to any matter 
at any meeting of the board of supervisors or any of its 

committees; 

2. Authorize studies or surveys in anticipation 
of an emergency; 

3. Veto any proposed ordinance or resolution as 
provided in Section 3.103 of this Charter; 

4. Appoint a staff adequate to perform the duties 
and carry out the responsibilities of the mayor's office; 

5. Designate a member of the board of supervisors 
to act as mayor in the mayor's absence from the City and 
County; 

6. In the event of a public emergency affecting 
life, health or property, marshal all the forces of the City 
and County for the maintenance of life, health or property; 
provided, however, that no action taken under this provision 
shall remain in effect for more than five days unless 
adopted as an emergency ordinance in accordance with Section 
2.108 of this Charter; 

7. Except with respect to vacancies on the board 
of supervisors, make an appointment to fill any vacancy in 
an elective office of the City and County until a successor 
shall have been elected and qualifies; and 

8. Have and exercise such other powers as are 
provided by this Charter or by law for the chief executive 
officer of a city and county. 

3.101 Term of Office 

The mayor shall serve a four-year term. No person 
shall be elected mayor more than twice, and no person who 
has held the office of mayor, or acted as mayor, for more 
than two years of a term to which some other person was 
elected mayor shall be elected to the office of mayor more 
than once . 

3 . 102 Vacancies 

If the mayor should be temporarily disaoled, the 
president of the board of supervisors shall act as mayor 
until such time as the mayor shall return to office. 



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If the office of mayor should become vacant 
because of death, resignation, permanent disability or the 
inability to carry out the responsibilities of the office, a 
mayoral election shall be held at the next succeeding gen- 
eral municipal or state general election to fill the balance 
of the mayor's unexpired term. Until a new mayor is 
elected, the president of the board of supervisors shall act 
as mayor. 

3.103 Veto Power 

Any ordinance or resolution passed by the board of 
supervisors shall be promptly delivered to the mayor for 
consideration. If the mayor approves the ordinance or reso- 
lution, the mayor shall sign it and it shall become effec- 
tive as provided in Section 2.107 of this Charter. If the 
mayor disapproves, the mayor shall promptly return the ordi- 
nance or resolution to the board of supervisors without the 
mayor's signature, accompanied by a statement indicating the 
reasons for disapproval and any recommendations which the 
mayor may have. Any ordinance or resolution so disapproved 
by the mayor shall become effective only if, subsequent to 
its return, it shall be passed by a vote of the board of 
supervisors required by Section 2.107 of this Charter. Any 
ordinance or resolution shall become effective, with or 
without the mayor's signature, unless it is disapproved by 
the mayor and returned to the board of supervisors not more 
than 10 days after the date the ordinance or resolution was 
delivered to the mayor's office for consideration. 

3 . 104 Director of Administration 

The mayor shall appoint a director of administra- 
tion who shall be responsible for administrative matters 
within the executive branch of the City and County, 
including contracts and purchases. The director of adminis- 
tration shall propose rules and regulations with respect to 
purchasing to the board of supervisors for adoption. The 
term of office of the director of administration shall be 
concurrent with that of the mayor, and the director may be 
reappointed by the mayor. The director of administration 
may be removed by the mayor with the concurrence of a 
majority of the board of supervisors. The director of 
administration shall be qualified to perform the duties of 
the office. 



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3.105 Director of Management and Budget 

The mayor shall appoint and may remove a director 
of management and budget, who shall be responsible for the 
preparation of the annual budget, policy planning and coor- 
dination of planning of the executive departments of the 
City and County. The director of management and budget 
shall be qualified to perform the duties of the office. 

3 . 106 Controller 

The mayor shall appoint a controller for a six- 
year term, subject to confirmation by the board of supervi- 
sors. The controller may be removed by the mayor, with the 
concurrence of a majority of the board of supervisors. The 
controller shall be qualified to perform the duties of the 
office . 

The controller shall be responsible for the timely 
accounting, disbursement or other disposition of monies of 
the City and County in accordance with sound financial prac- 
tices applicable to municipalities and counties. Only the 
controller may disburse City and County funds. 

The controller shall establish accounting records, 
procedures and internal controls with respect to all finan- 
cial transactions of the City and County. Such records 
shall be kept in a manner and shall follow such procedures 
and controls as shall be required so as to permit the finan- 
cial statements of the City and County to be prepared in 
conformity with generally accepted accounting principles 
applicable to municipalities and counties. Such records 
shall constitute the official financial records of the City 
and County. 

The controller shall within 120 days of the end of 
each fiscal year issue an annual report of the financial 
condition of the City and County. Such annual report shall 
be prepared in accordance with generally accepted accounting 
principles. The annual report shall contain such informa- 
tion and disclosures as shall be necessary to present to the 
public a full and understandable report of all City and 
County financial activity. 

The controller shall issue a financial impact 
statement with respect to each City and County measure 
included on a ballot. Such statement shall be issued in 
sufficient time to permit inclusion in the voters' pamphlet. 



-13- 



The controller shall issue from time to time such 
periodic or special financial reports as may be requested by 
the mayor or board of supervisors. 



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ARTICLE IV 
EXECUTIVE BRANCH - BOARDS, COMMISSIONS AND DEPARTMENTS 

4.100 General 

In addition to the office of the mayor, the execu- 
tive branch of the City and County shall be organized into 
boards, commissions, departments and other units of govern- 
ment. 

4.101 Boards and Commissions - General Provisions 

Unless otherwise provided in this Charter, each 
board and commission of the City and County shall: 

1. Adopt rules and regulations consistent with 
this Charter and ordinances of the City and County. No rule 
or regulation shall be adopted, amended or repealed, without 
a prior public hearing for which at least two weeks' notice 
shall have been given. All such rules and regulations shall 
be filed with the clerk of the board of supervisors; 

2 . Prepare an annual report describing its activ- 
ities and reporting upon its financial condition, and file 
such report with the clerk of the board of supervisors; 

3. Hold meetings open to the public and encourage 
the participation of interested citizens. Except for the 
following executive sessions, any action taken at other than 
a public meeting of any board or commission shall be void. 
Executive sessions closed to the public may be held: 

(a) to consider the appointment, employment 
or dismissal of a public officer or employee, 
except when a public officer or employee being 
considered for dismissal requests a public 
hearing; 

(b) to confer with legal counsel under cir- 
cumstances in which the lawyer-client privilege 
may be invoked; and 

(c) to confer with the attorney general, 
district attorney, sheriff or chief of police, or 
their respective deputies, on matters posing a 
threat to the security of public buildings or a 
threat to the public's right of access to public 
services or public facilities. 



-15- 



4. Retain independent counsel, subject to the 
consent of the mayor; 

5. Propose for adoption rates, fees and similar 
charges with respect to appropriate items coming within 
their respective jurisdictions, and submit such proposals to 
the board of supervisors for approval or rejection as pro- 
vided in Section 2.111 of this Charter; 

6. Formulate, evaluate and approve goals, objec- 
tives, plans and programs and set policies consistent with 
the overall objectives of the City and County as determined 
by the mayor and the board of supervisors. 

7. Review and approve the applicable departmental 
budgets prior to submission to the mayor, and any modifica- 
tions thereto or fund transfers requiring the approval of 
the board of supervisors; 

8. Conduct investigations into any aspect of 
departmental operations through the power of inquiry, and 
make recommendations to the mayor or the board of supervi- 
sors; and 

9. Exercise such other powers and duties as shall 
be prescribed by ordinance. 

Meetings of boards and commissions shall be at 
such times and places as shall be prescribed by ordinance. 
The presence of a majority of the members of a board or com- 
mission shall constitute a quorum for the transaction of 
business by such board or commission. Unless otherwise 
required by this Charter, the affirmative vote of a majority 
of the members of a board or commission shall be required 
for the approval of any matter by such board or commission, 
except that the rules and regulations of a board or commis- 
sion may provide that, with respect to matters of procedure, 
the board or commission may act by the affirmative vote of a 
majority of the members present, so long as the members 
present constitute a quorum. 

To the extent consistent with other provisions of 
this Charter, each board and commission shall provide in its 
rules and regulations that each member present at a regular 
or special meeting shall vote yes or no when a question is 
put, unless excused from voting by a motion adopted by a 
majority of the members present. 



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Each board and commission shall keep a record of 
the proceedings of each regular or special meeting. Such 
record shall indicate how each member voted on each ques- 
tion. These records shall be available for public inspec- 
tion. 

In furtherance of the discharge of its responsi- 
bilities, a board or commission may hold hearings and take 
testimony. 

The composition of each board and commission shall 
be as representative of the communities of interest and 
diverse population in the City and County as is reasonably 
practicable, and shall have representation of both sexes. 

In cases where this Article provides for the 
appointment of members of a board or commission for stag- 
gered terms, such board or commission shall be divided into 
Groups I through IV, respectively. In cases of a board or 
commission with (i) five members, Group I shall have two 
members, (ii) seven members, Groups I, II and III shall have 
two members and (iii) 15 members, Groups I, II and III shall 
have four members and Group IV shall have three members. 
Otherwise, each Group shall have only one member. 

The terms of members in Groups I, II III or IV 
shall end on the Sunday preceding the second Monday in 
January of 1982, 1983, 1984 and 1985, respectively, and 
every four years thereafter. 

No person shall serve as a commissioner or board 
member for more than two successive terms on the same com- 
mission or board. 

All commissioners and board members shall receive 
equal compensation per meeting for their services. The com- 
pensation of commissioners and board members shall be pre- 
scribed by ordinance. 

Vacancies on commissions and boards shall be 
filled for the balance of the unexpired term in the manner 
prescribed by this Charter or ordinance for initial appoint- 
ments. 

Commissioners and board members shall be residents 
of the City and County at all times during the term of their 
respective offices. 



-17- 



No board or commission shall involve itself in the 
administration of any department within its jurisdiction, 
except through the individual having administrative respon- 
sibility for such department. 

4.102 Planning Commission 

General 

The planning commission shall consist of seven 
members appointed by the mayor for staggered four-year 
terms. Members may be removed by the mayor. 

The planning commission shall nominate a director 
of planning. The mayor shall appoint or reject the planning 
commission's nomination. The director of planning may be 
removed by the planning commission. The director of plan- 
ning shall be chosen on the basis of administrative and 
technical gualif iciations, with special regard for experi- 
ence, training and knowledge in the field of city planning. 

General Plan 

The planning commission shall adopt and periodi- 
cally revise, after public hearing, and recommend to the 
board of supervisors for final adoption by resolution a com- 
prehensive general plan consisting of goals, policies and 
programs for the future social, economic and physical devel- 
opment of the City and County. The planning commission 
shall annually recommend to the mayor policies and priori- 
ties for consideration for inclusion in the mayor's annual 
policies and priorities resolution. The planning department 
shall periodically prepare special area, neighborhood and 
capital project plans designed to carry out the general 
plan, and periodically prepare implementation schedules 
which link the general plan to the allocation of local, 
state and Federal resources. The planning department may 
make such other reports and recommendations to the mayor, 
board of supervisors and other offices and governmental 
units as it may deem necessary to secure understanding and a 
systematic effectuation of the general plan. 

Referral of Certain Matters 

The following matters shall, prior to passage by 
the board of supervisors, be submitted for written report 
and recommendation by the planning commission for conformity 
with the general plan: 



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1. Proposed ordinances and resolutions concerning 
the acquisition of property by, or a change in the use or 
title of property owned by, the City and County; 

2. Subdivisions of land within the City and 
County; 

3. Projects for the betterment or improvement of 
public buildings or structures with the City and County; 

4. Project plans for public and private housing, 
or publicly assisted private housing in the City and County; 

5. Redevelopment project plans within the City 
and County; and 

6. Such other matters as may be prescribed by 

ordinance . 

The planning commission shall disapprove any proposed action 
referred to it upon a finding that such action does not con- 
form to the general plan. Notwithstanding such a disap- 
proval the board of supervisors may pass an ordinance or 
resolution approving the matter. 

All such reports and recommendations shall be 
issued in a manner and within a time period to be determined 
by ordinance. 

Permits and Licenses 

All permits and licenses dependent on, or affected 
by, the zoning, or other ordinances administered by the 
planning department shall, subject to the planning commis- 
sion's power to delegate its functions, be approved by the 
planning commission prior to issuance. 

Zoning Amendments 

The planning commission may propose for considera- 
tion by the board of supervisors ordinances and amendments 
thereto regulating or controlling the height, area, bulk, 
set-back, location, use or related aspects of any building, 
structure or land. An ordinance or amendment proposed by 
the board of supervisors concerning matters within the 
jurisdiction of the planning commission shall be reviewed by 
such commission. Proposals for the reclassification of 
property may be made by the application of interested prop- 
erty owners and their authorized agents and must be reviewed 
by the planning commission. 



-19- 



Notwithstanding the planning commission 1 s disap- 
proval of a proposal from the board of supervisors or the 
application of interested property owners or their autho- 
rized agents, the board of supervisors may adopt the pro- 
posed ordinance or amendment thereto; however, in the case 
of any proposal made by the application of interested prop- 
erty owners or their authorized agents, any such adoption 
shall be by a vote of not less than eight members of the 
board. 

No application of interested property owners or 
their authorized agents proposing the same or substantially 
the same ordinance or amendment as that disapproved by the 
planning commission or by the board of supervisors shall be 
resubmitted to or reconsidered by the planning commission 
within a period of one year from the effective date of final 
action upon the earlier application. 

Zoning Variances 

The director of planning shall be responsible for 
the determination of all zoning variances. The director 
shall have the power to grant only those variances that are 
consistent with the general purpose and the intent of the 
zoning ordinance. The power to grant variances shall be 
applied only when the strict and literal interpretation and 
enforcement of the zoning ordinance would result in prac- 
tical difficulties, unnecessary hardships or where the 
results would be inconsistent with the general purpose of 
the zoning ordinance. The board of supervisors shall estab- 
lish by ordinance the procedure for action, hearing and 
appeal on zoning variances. 

4.103 Board of Permit Appeals 

General 

The board of permit appeals shall consist of five 
members appointed by the mayor for staggered four-year 
terms. Members may be removed by the mayor for cause. 

The board of permit appeals shall appoint and may 
remove an executive secretary. 

The board of permit appeals shall hear and deter- 
mine appeals with respect to any person who has been denied 
a permit or license, or whose permit or license has been 
suspended, revoked or withdrawn, or who believes that his or 
her interest or the public interest will be adversely 



-20- 



affected by the grant, denial, suspension or revocation of a 
license or permit. Other administrative remedies provided 
by ordinance shall be exhausted before an appeal may be 
taken to the board of permit appeals. 

After a hearing and any necessary investigation, 
the board of permit appeals may concur in the action of the 
department involved, or by the affirmative vote of four mem- 
bers (or if a vacancy exists, by a vote of three members) 
overrule the action of the department upon a determination 
that: 

1. The action was based upon an erroneous conclu- 
sion of law or understanding of a material fact; 

2. The action was based upon an administrative 
rule or regulation that is clearly unreasonable as applied 
to the matter under consideration; 

3. The departmental action was an abuse of dis- 
cretion in applying relevant legal standards; 

4. No standards to guide administrative action 
were provided; 

5. The applicant has detrimentally relied upon a 
permit improperly issued by the department involved; or 

6. The applicant has substantially complied with 
all legal requirements and has otherwise satisfied the pur- 
pose and intent of rules, regulations and ordinances and 
this Charter. 

Where the board of permit appeals exercises its 
authority to modify or overrule the action of a department, 
it shall state its reasons in writing. 

Any variance from a strict application of the 
terms of an ordinance may be granted only to the extent and 
under the circumstances expressly permitted by this Charter 
and the relevant ordinance. 

Decisions of the board of permit appeals may be 
appealed to appropriate courts of law. Unless notice of an 
intent to appeal is filed with the board of permit appeals 
within thirty days of such decision and notice of appeal is 
filed with the court within the period of time established 
by law, such decisions shall conclusively determine the 
rights of the applicant and the City and County. 



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4.104 Human Rights Commission 

General 

The human rights commission shall consist of 15 
members appointed by the mayor for staggered four-year 
terms. Members may be removed for cause by the mayor. 

The human rights commission shall appoint and may 
remove a director. 

The human rights commission shall: 

1. Investigate complaints of unlawful discrimina- 
tion against any person because of race, creed, national 
origin, age, handicap, sex, sexual orientation or any addi- 
tional categories of individuals which the board of supervi- 
sors may designate by ordinance; 

2. Ensure the civil rights of all citizens; 

3. Ensure that the affirmative action plans of 
each department of the City and County are current and are 
being properly implemented; and report on the implementation 
of such affirmative action plans to the mayor and board of 
supervisors; 

4. Promote understanding among the residents of 
the City and County and work cooperatively with governmental 
agencies, community groups and others to eliminate discrimi- 
nation and the results of past discrimination by furnishing 
information, guidance and technical assistance; 

5. Study, investigate, mediate and make recommen- 
dations with respect to the solving of community-wide prob- 
lems resulting in intergroup tensions and discrimination; 

6. Implement the provisions of ordinances prohib- 
iting discrimination in all contracts and subsequent subcon- 
tracts, franchises, leases, concessions or other agreements 
for or on behalf of the City and County involving personal 
property or the lease, rental, or other use of real property 
and improvements thereon of the City and County; and 

7. Issue such rules and regulations for the con- 
duct of its business and prepare ordinances with respect to 
human rights for consideration by the board of supervisors 
as are necessary to carry out the purposes of this Section. 



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In furtherance of its responsibilities set forth 
above, the human rights commission may hold hearings, issue 
subpoenas to require witnesses to appear and require the 
production of evidence, administer oaths, take testimony, 
and issue appropriate orders and petitions for court orders 
in such manner as may be prescribed by law. 

4.105 Fire Commission 

The fire commission shall consist of five members 
appointed by the mayor for staggered four-year terms. Mem- 
bers may be removed by the mayor. 

The fire commission shall nominate a fire chief. 
The mayor shall appoint or reject the commission's nomina- 
tion. The fire chief may be removed by the fire commission. 

The fire commission shall act as a review body to 
investigate and decide disputed actions of the fire depart- 
ment or any of its members, by having the power to issue 
subpoenas to require witnesses to appear and require the 
production of evidence, administer oaths, and take testi- 
mony. The commission may hire investigators to fulfill this 
duty. 

4.106 Police Commission 

The police commission shall consist of five mem- 
bers appointed by the mayor for staggered four-year terms. 
Members may be removed by the mayor. 

The police commission shall nominate a chief of 
police. The mayor shall appoint or reject the commission's 
nomination. The chief of police may be removed by the 
police commission. 

The police commission shall act as a review body to 
investigate and decide disputed actions of the police 
department or any of its members, by having the power to 
issue subpoenas to require witnesses to appear and require 
the production of evidence, administer oaths and take testi- 
mony. The commission may hire investigators to fulfill this 
duty. 

4.107 Health Commission 

The health commission shall consist of seven mem- 
bers appointed by the mayor for staggered four-year terms. 
Memoers may be removed by the mayor. 



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The health commission shall nominate and the mayor 
shall appoint or reject the executive of the department. 
The executive of the health department may be removed by the 
health commission. 

4.108 Social Services Commission 

The social services commission shall consist of 
seven members appointed by the mayor for staggered four-year 
terms. Members may be removed by the mayor. 

The social services commission shall nominate and 
the mayor shall appoint or reject the executive of the 
department. The executive of the social services department 
may be removed by the social services commission. 

4.109 Public Utilities Commission 

The public utilities commission shall consist of 
five members appointed by the mayor for staggered four-year 
terms. Members may be removed by the mayor. 

The public utilities commission shall nominate and 
the mayor shall appoint or reject a general manager of 
public utilities. The general manager of public utilities 
may be removed by the public utilities commission. 

4.110 Recreation and Parks Commission 

The recreation and parks commission shall consist 
of seven members appointed by the mayor for staggered four- 
year terms. Members may be removed by the mayor. 

The recreation and parks commission shall nominate 
and the mayor shall appoint or reject the executive of the 
department. The executive of the recreation and parks 
department may be removed by the recreation and parks com- 
mission. 

A minimum of ten cents per $100 assessed valuation 
for constructing, maintaining and improving parks and 
squares shall be appropriated to the recreation and parks 
commission. 



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4.111 Port Commission 

Composition 

The San Francisco Port Commission shall consist of 
five members who shall be appointed by the mayor, their 
appointment being subject to confirmation by the board of 
supervisors. Each of said members shall serve for a term of 
four years. Vacancies on the commission shall be filled by 
the mayor for the unexpired portion of the term. Persons 
appointed to the port commission shall be subject to recall, 
suspension and removal in the same manner as an elected 
official. The compensation of each member of said port com- 
mission shall be $1,200 per year. 

Powers and Duties 

The port commission shall have all the powers and 
duties given to boards and commissions by Section 4.101 of 
this Charter and shall have the power to establish such 
departments and bureaus as may be necessary or convenient 
for the conduct of its affairs. Subject to the terms and 
conditions of the transfer and any supplemental agreements 
relating thereto, the port commission shall have the control 
and management of all real and personal property transferred 
under the Statutes 1968, ch. 1333, or otherwise acquired or 
purchased with funds under its control or acquired or pur- 
chased by it within the scope of its authority, or otherwise 
placed under its management, supervision and control. The 
property under the control and management of the commission 
shc.ll be known as the port area. The port commission shall 
have the power and duty to use, conduct, operate, maintain, 
manage, regulate, and control the port area of San Francisco 
and to do all things it deems necessary in connection with 
the use, conduct, operation, management, maintenance, regu- 
lation, improvement and control of said port area, or which 
may further the interests of the port in world trade, 
including, without limiting the generality of the foregoing, 
the exclusive power to perform or accomplish the following: 

(a) The improvement, operation and conduct 
of the harbor, and any and all improvements or 
facilities located thereon; 

(b) The construction, reconstruction, 
repair, operation and use of all works, buildings, 
facilities, utilities, structures and appliances 
incidental, necessary or convenient for the promo- 
tion and accommodation of commerce and navigation, 
or located within the port area; 



-25- t 



(c) The establishment, improvement and con- 
duct of railroad and aviation facilities and all 
works, buildings, facilities, utilities, struc- 
tures and appliances incidental, necessary or con- 
venient for the promotion and conduct of air com- 
merce and navigation and railroad transportation; 

(d) The construction, reconstruction, 
repair, maintenance and operation of public build- 
ings, parks, playgrounds, public educational and 
recreation facilities and all works, buildings, 
facilities, structures and appliances incidental, 
necessary or convenient for the promotion and 
accommodation of any such uses; 

(e) The preservation or restoration of 
marine resources consistent with the primary mis- 
sion of the harbor of San Francisco; 

(f) The grant of franchises thereof for lim- 
ited periods not exceeding 66 years for wharves 
and other public uses and purposes and the lease 
of said lands, facilities, or any part thereof for 
limited periods not exceeding 66 years, and the 
collection and retention of rents and other reve- 
nues from such leases, franchises, permits, 
licenses, and privileges. Such lease or leases, 
franchises, permits, licenses, and privileges 
shall be for purposes consistent ' with the trusts 
upon which the lands are held by the state and 
with the requirements of commerce and navigation, 
or if the port commission of the City and County 
of San Francisco determines that any portion of 
the transferred lands is not required for the 
foregoing uses described in this section, such 
lease or leases, franchises, permits, licenses, 
and privileges, may be for the purposes of such 
development and use as the commission finds max- 
imum profits to be in the public interest with the 
profits thereform to be used by the commission in 
the furtherance of commerce and navigation; 

(g) Leases and franchises granted or maae by 
the port commission shall be administered exclu- 
sively by the operating forces of the port commis- 
sion; 

(h) The power to nominate for appointment a 
port director who shall be the chief executive of 



-26- 



the port commission and who shall have the 
management of all the affairs and activities 
placed under the jurisdiction of the commission. 
The mayor shall appoint a port director. He or 
she shall devote his or her entire time to the 
duties of his or her office and his or her salary 
shall be fixed by the commission. He or she shall 
hold his or her office at the pleasure of the com- 
mission and shall have the management of said 
harbor and of all of the facilities and equipment 
thereof and all bureaus and departments estab- 
lished for the operation of said harbor or for the 
operation of any equipment or facility thereof. 
Subject to the approval of the commission he or 
she shall appoint and remove any and all heads of 
departments or bureaus, who may not be subject to 
the civil service provisions of this Charter. He 
or she shall possess the necessary administrative, 
executive and technical qualifications necessary 
to enable him or her to perform the duties of his 
or her office. His or her compensation shall not 
exceed prevailing salaries paid those holding 
similar positions in comparable maritime employ- 
ment. The commission may confer on him or her 
such additional powers and authority as it may see 
fit; 

(i) To regulate the berthing, anchoring, 
towing, loading and unloading and mooring of ves- 
sels within the port; 

(j) To issue receipts, negotiable or other- 
wise, for property or merchandise in its charge or 
possession; 

(k) To fix all rates, dockage, rentals, 
tolls, wharfage, and charges, for the use and 
occupation of the public facilities or appliances 
of the port, and for services rendered by the port 
commission, and to provide for the collection 
thereof; 

(1) To enter into contracts, agreements, or 
stipulations germane to the scope of its powers 
and duties; 

(m) To give such bonds or assurances as may 
be required by the United States in the operations 
permitted hereunder; 



-27- 



(n) To provide and equip offices within or 
without the port, within other states, or in for- 
eign countries, and through such employees and 
agencies as it may deem expedient; 

(o) To contract for and operate foreign 
trade zones within the port area or auxiliary to 
the port area, or such zones or sub-zones as have 
been operated by the San Francisco Port Authority. 
Agreement may be made with the public utilities 
commission for operation of future zones or sub- 
zones in other areas; 

(p) May promote the maritime and commercial 
interests of the harbor by advertising its advan- 
tages and facilities and by the solicitation of 
business. The advertising and solicitation may be 
conducted within or without this state and through 
such agencies, mediums, employees and agents as 
are determined by the commission. The commission 
may, in its discretion, publish and distribute a 
magazine, pamphlets, booklets and other printed 
and advertising matter for the purpose of devel- 
oping traffic and promoting and maintaining the 
commerce and prestige of the port, and may use any 
moneys of the hrrbor fund for the special purposes 
authorized by this provision. Members and 
employees of the commission in attending conven- 
tions of port authorities and meetings of trans- 
portation clubs, trade associations and business 
organizations that may advance the interests of 
the port shall be allowed their actual necessary 
expenses in the performance of such services as 
may from time to time be deemed desirable by the 
commission and shall be allowed hospitality 
expenses necessarily incurred in furthering the 
interests of the port; 

(g) To issue revenue bonds; 

(r) To expend all funds necessary to the 
carrying out of the powers and duties herein 
expressed; and 

(s) This section does hereby vest in the 
port commission all of the powers set forth in 
Section 3 and Section 5 of the Statutes of 1968, 
Chapter 1333, which provisions are hereby incorpo- 
rated in this Charter by this reference. 



-28- 



Transfer of Harbor 

The City and County of San Francisco shall accept 
the transfer and assume jurisdiction and control of the 
harbor of San Francisco and the facilities thereof in accor- 
dance with the terms and conditions of Statutes 1968, 
ch. 1333. All the powers and duties incident to the manage- 
ment, government, control and administration of said harbor 
and all properties and utilities used in connection there- 
with, shall be vested in the port commission of the City and 
County of San Francisco. 

The board of supervisors of the City and County of 
San Francisco shall have and is hereby granted power to 
enter into any agreement with the State of California, the 
director of finance, or any officer, agency or commission of 
the State of California, and to pass all necessary legisla- 
tion and to do or perform any other act or acts deemed nec- 
essary to effect the transfer of the jurisdiction and con- 
trol of the harbor of San Francisco, or any of the 
facilities thereof, to the City and County of San Francisco. 

Status of Employees 

All employees of the port authority who, at the 
time the transfer provided for herein shall go into effect, 
are members of the Public Employees' Retirement System of 
the State of California shall continue to be members of said 
Public Employees' Retirement System, with all the rights, 
privileges and benefits of said system and they shall not be 
members of the San Francisco City and County Employees' 
Retirement System; and, notwithstanding any other provisions 
of this Charter, the City and County shall perform all acts 
necessary to continue the membership of such employees in 
said Public Employees' Retirement System. 

All employees of the port authority who, at the 
time the transfer provided for herein shall go into effect, 
are covered under the provisions of a retirement program 
other than the Public Employees' Retirement System of the 
State of California shall thereafter continue to be covered 
under such retirement program and they shall not be members 
of the San Francisco City and County Employees' Retirement 
System; and, notwithstanding any other provisions of this 
Charter, the City and County shall perform all acts neces- 
sary to continue the coverage of such employees under such 
retirement program. 



-29- 



Persons who, after the transfer provided for 
herein has gone into effect, become employees of the City 
and County in positions related to the operation of the 
State Belt Railroad and who become covered under the provi- 
sions of the Railroad Retirement Act by virtue of their 
employment in such positions shall not be members of the San 
Francisco City and County Employees' Retirement System. 

Budgeting and Fiscal Procedure 

In the matter of the control and operation of the 
harbor and of the facilities and equipment thereof, 
including the matter of budgets and appropriations, the port 
commission shall be subject to the budgetary and fiscal pro- 
cedure elsewhere provided for in this Charter. 

Legal Adviser 

The city attorney shall be the legal adviser of 
the commission, and may, with the approval of the commis- 
sion, compromise, settle or dismiss any litigation or legal 
proceeding, pending for or on behalf of the commission rela- 
tive to any matter under its jurisdiction, and said commis- 
sion may with the consent of the mayor appoint special 
counsel . 

4.112 Airports Commission and Department 

The airports commission shall consist of five mem- 
bers appointed by the mayor for staggered four-year terms. 
Members may be removed by the mayor. 

The airports commission shall nominate the air- 
ports director. The mayor shall approve or reject the com- 
mission's nomination. The airports director may be removed 
by the airports commission. 

4.113 Departments - General Provisions 

Except as otherwise provided by this Charter, the 
responsibilities of each department within the executive 
branch shall be prescribed by ordinance. 

The administration of each department within the 
executive branch shall be the responsibility of the official 
so designated by this Charter or, where permitted, by ordi- 
nance. Such officials may appoint individuals to fill all 
positions within their departments which are exempt from the 
civ:.l service provisions of this Charter. In furtherance of 



-30- 



the discharge of their administrative responsibilities, such 
officials shall adopt rules and regulations governing mat- 
ters within the jurisdiction of their respective depart- 
ments. Such officials may reorganize their respective 
departments. 

4.114 Police Department 

The police department shall preserve the public 
peace, prevent and detect crime, and protect the rights of 
persons and property by enforcing the laws of the United 
States, the State of California and the City and County. 

The chief of police may appoint, and remove at 
pleasure, special police officers. 

The chief of police shall have all powers which 
are now or that may be conferred upon a sheriff by the laws 
of the State of California with respect to the suppression 
of any riot, public tumult, disturbance of the public peace 
or organized resistance against the laws or public 
authority. 

Patrol Special Officers 

The police commission may appoint patrol special 
officers and may suspend or dismiss patrol special officers, 
for cause, after a fair and impartial hearing on charges 
duly filed with the commission. 

District Police Stations 

The police department shall maintain and operate 
district police stations. The police commission, subject to 
the approval by resolution of the board of supervisors, may 
establish additional district stations, abandon or relocate 
any district station or consolidate any two or more district 
stations . 

4.115 Fire Department 

The fire department shall enforce all applicable 
laws pertaining to the prevention, protection, control and 
investigation of fires. 

The fire chief shall cause the fire department to 
inspect all occupied or vacated structures to determine com- 
pliance with applicable laws relative to fire prevention, 
protection and control and also the protection of persons 
and property from fire. 



-31- 



The fire chief may during a conflagration cause to 
be cut down or otherwise remove any structure for the pur- 
pose of checking the progress of the conflagration. 

4.116 Executive Branch Reorganization 

Whenever the mayor determines that a reorganiza- 
tion is necessary in order to improve the effectiveness of 
the City and County's administration, the mayor may reorga- 
nize duties and functions between departments and other 
units of government within the executive branch by executive 
order. Such reorganization shall become effective 30 days 
after its issuance unless disapproved by the board of super- 
visors by resolution within 30 days of its issuance. 

A proposed reorganization shall provide for the 
transfer of: 

1. Civil service employees who are engaged in the 
performance of a function or duty transferred to another 
office, agency or department; such transfer shall not 
adversely affect status, position, compensation or pension 
or retirement rights and privileges; and 

2. Any unexpended balances of appropriations and 
other funds available for use in connection with any office, 
agency department or function affected by the reorganiza- 
tion; any unexpended balance so transferred shall be used 
only for the purpose for which the appropriation was origi- 
nally made, except as this Charter otherwise permits. 



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ARTICLE V 
OTHER ELECTIVE OFFICERS 

5.100 Designation of Other Elective Officers 

In addition to the officers required to be elected 
under other Articles of this Charter, the following shall 
constitute the other elective officers of the City and 
County: the assessor, city attorney, district attorney, 
public defender, sheriff and treasurer. Each such officer 
shall be elected for a four-year term, and shall serve full 
time in their respective capacities. 

The city attorney, district attorney and public 
defender shall each be licensed to practice law in all 
courts of the State of California and shall have been so 
licensed for at least five years next preceding election. 
Such officials shall not engage in the private practice of 
law during the period they serve as elective officers of the 
City and County. 

In addition to the powers and duties set forth in 
this Charter the officers named in this Section shall have 
the powers and duties prescribed by the laws of the State of 
California for their respective office. 

5.101 Assessor 

The assessor shall equitably and effectively 
administer the property tax system of the City and County. 

5.102 City Attorney 

The city attorney shall: 

1. Represent the City and County in legal pro- 
ceedings with respect to which it has an interest; 

2 . Represent an officer of the City and County 
when directed to do so by the board of supervisors, unless 
the cause of action exists in favor of the City and County 
against such officer; 

3. Whenever a cause of action exists in favor of 
the City and County, commence legal proceedings when such 
action is within the knowledge of the city attorney or when 
directed to do so by the board of supervisors; 



-33- 



4. Upon request, provide advice or written 
opinion to any elected officer, department head or board or 
commission, or member thereof, of the City and County; 

5. Settle or dismiss legal proceedings for or 
against the City and County, solely upon order of the board 
of supervisors; 

6. Approve as to form all bonds, contracts and, 
prior to enactment, all ordinances, and examine and approve 
title to all real property to be acquired by the City and 
County; 

7. Prepare and make available to the public an 
annual codification of ordinances of the City and County 
then in effect; and 

8. Prepare and make available to the public an 
annual edition of this Charter complete with all amendments 
and annotations thereto. 

5.103 District Attorney 

The district attorney shall prosecute all criminal 
cases in the municipal and superior courts and issue war- 
rants for the arrest of persons charged with crimes to be 
prosecuted in such courts. 

5.104 Public Defender 

The public defender shall, upon the request of an 
accused who is financially unable to employ counsel or, upon 
order of the court, defend or give counsel or advice to any 
person charged with the commission of a crime or in danger 
of criminal prosecution. 

5.105 Sheriff 

The sheriff shall have the following powers: 

1. Keep the county jail; 

2. Receive all prisoners committed to jail by 
competent authorities; 

3. Execute the orders and legal processes issued 
by the municipal court; and 



-34- 



4. Upon order of the municipal court, detail nec- 
essary bailiffs to the civil departments of the court. 

5.106 Treasurer 

The treasurer shall be responsible for the collec- 
tion of taxes and shall receive all monies collected by the 
City and County for safeguard, deposit and investment in 
accordance with sound financial practices applicable to the 
municipalities and counties. 

5.107 Vacancies 

If the position of assessor, city attorney, dis- 
trict attorney, public defender, sheriff or treasurer shall 
become vacant because of death, resignation, permanent dis- 
ability or the inability of the respective officer to other- 
wise carry out the responsibilities of the office, the mayor 
shall appoint an individual qualified under this Charter and 
the laws of the State of California, subject to confirmation 
by the board of supervisors. Such appointee shall serve 
until the next general municipal or statewide election, at 
which time an election shall be held to fill the unexpired 
term. 



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ARTICLE VI 
JUDICIAL BRANCH 

6.100 Municipal and Superior Courts 

The municipal and superior courts of the City and 
County shall conform to the requirements of the laws of the 
State of California. 

The judges of the municipal court shall meet at 
such times as the presiding judge may require, and shall 
prescribe such rules and regulations as are necessary and 
proper for the advancement of justice and prevention of 
delay in the business of the court. 

In January of each year, the presiding judge, 
acting through the clerk of the court, shall file with the -' 
board of supervisors a report of the business of the court 
covering the preceding calendar year. 

The presiding judge of the municipal court shall 
supervise and direct the clerk of the municipal court. 

Any fees required to be collected by the municipal 
court or the clerk of such court shall be paid into the 
treasury of the City and County. 

6.101 Probation Officers 

A majority of the superior court judges of the 
City and County shall appoint the adult probation officer 
and the chief probation officer of the juvenile court. Such 
officers may be removed only by a vote of a majority of the 
judges of the superior court. Prior to any such removal, 
either officer may request a hearing before a committee of 
five judges appointed by the presiding judge. The salaries 
of such officers, their assistants, deputies and employees 
shall be fixed by the board of supervisors. 



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ARTICLE VII 
EDUCATION AND LIBRARIES 

7.100 Board of Education and Governing Board 

The unified school district shall be under the 
control and management of a board of education. The commu- 
nity college district shall be under the control and manage- 
ment of a governing board. Each board shall be composed of 
seven members who shall be elected by the voters of the 
respective districts. No member of one board shall be eli- 
gible to serve on the other board. 

7.101 Compensation 

The compensation for each member shall be $100 per 
month. 

Vacancies occurring on the respective boards shall 
be filled by the mayor. 

The respective boards shall have the power to 
employ teachers and other persons as may be necessary in 
accordance with state law and this Charter. The superinten- 
dent of the unified school district shall also be the super- 
intendent of the County school district and shall be 
appointed by the board of education; the chancellor of the 
community college district shall be appointed by the gov- 
erning board. The superintendent shall be the executive 
officer of the board of education; the chancellor, of the 
governing board. The superintendent and chancellor shall 
have the powers and duties provided by state law and this 
Charter; each may appoint a confidential secretary who shall 
hold office at the pleasure, respectively, of the superin- 
tendent and the chancellor. 

During the terms of their respective offices, the 
following persons shall reside in the City and County: the 
superintendent and the associate and the assistant superin- 
tendents of the unified school district; and the chancellor 
and presidents of the community college district. 

All positions, except positions to be filled by 
certified employees and paraprof essional employees, shall be 
subject to the personnel provisions of this Charter. The 
compensation of these persons shall be fixed in accordance 
with this Charter. 



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7.102 Unified School District, Administrators 

All heads of departments, principals, assistant 
principals, supervisors and directors shall be employed 
pursuant to four-year contracts, which contracts shall be 
subject to renewal based upon achieving and maintaining 
standards of performance. 

7.103 Student Representation 

A student representative shall serve on the board 
of education and the community college governing board in 
accordance with state law. 

7.104 Libraries 

The library commission shall consist of seven mem- 
bers appointed by the mayor for staggered four-year terms. 
Members may be removed by the mayor for cause. 

The commission shall appoint the head of the 
library department who shall serve at its pleasure. 

The library department shall maintain and operate 
the library system of the City and County subject to the 
policy supervision of the library commission. 

A minimum of four cents- per $100 assessed valua- 
tion shall be appropriated for constructing, maintaining, 
and improving the libraries. 



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ARTICLE VIII 
ARTS AND CULTURE 



8.100 General 

Persons appointed to the commissions named in this 
Article shall be representative of the City and County at 
large, and shall be recognized for their broad knowledge, 
expertise and profound interest in the purposes for which 
the commissions to which they are appointed are established. 

Commissioners shall serve no more than two con- 
secutive terms on the same commission. 

All vacancies on commissions named in this Article 
shall be filled within 90 days of their occurrence. 

In cases where this Article provides for the 
appointment of members of a board or commission for stag- 
gered terms, such board or commission shall be divided into 
Groups I through IV, respectively. In cases of a board or 
commission with (i) 10 members, Groups I and II shall have 
three members, and (ii) 11 members, Groups I, II and III 
shall have three members. Otherwise, each Group shall have 
only two members. 

In case of the Asian art commission, with 27 mem- 
bers, Groups I, II and III shall have seven members, and 
Group IV shall have six members. 

The terms of members in Groups I, II, III or IV 
shall end on the Sunday preceding the second Monday in 
January of 1982, 1983, 1984 and 1985, respectively, and 
every four years thereafter. 

Each commission shall comply with the terms and 
conditions of any gifts, devises, trusts, bequests or other 
agreements granting works of art or other contributions. 

A minimum of 20 percent of the amount of the 
receipts of the hotel occupancy tax, if the rate were eight 
percent, shall be allocated to and administered by the 
director of administration for the support of groups and 
organizations engaged in the arts, culture and promotion. 
In making the disbursements, the director of administration 
shall consider recommendations provided by the art commis- 
sion. 



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8.101 Art Commission 

The art commission shall consist of 15 members 
appointed by the mayor for staggered four-year terms. Ten 
members shall be practicing arts professionals, including 
the performing, visual, literary and architectural arts, and 
five members shall be lay members. Commission members may 
be removed for cause by the mayor. 

The art commission shall appoint and may remove a 
director. The director may appoint deputy directors, with 
the concurrence of the commission. 

The art commission shall encourage artistic aware- 
ness, participation and expression; assist independent local 
groups with the development of their own programs; promote 
the employment of artists, and those skilled in crafts, in 
the public and private sectors; provide liaison with state 
and Federal agencies to insure increased funding for the 
arts from these agencies as well as represent arts issues in 
the respective governmental bodies; promote the continued 
availability of living and working space for artists within 
the City and County; and enlist the aid of all City and 
County governmental units in the task of ensuring the ful- 
lest expression of artistic potential by and among the 
citizens of San Francisco. 

In the furtherance of the above, the art commis- 
sion shall: 

1. Approve the designs for all public structures, 
and any private structure which extends over or upon any 
public property; 

2. Approve the design and location of all works 
of art before they are acquired or released by the City and 
County, or are placed upon or removed from City and County 
property, or are altered in any way; and maintain and keep 
in good condition an inventory of works of art and the works 
of art owned by the City and County. This provision shall 
not apply to works of art under the jurisdiction of any City 
and County art museum commission; 

3 . Maintain a neighborhood arts program to 
encourage and support an active interest in the arts on a 
local and neighborhood level, establish liaison between com- 
munity groups and develop support for neighborhood artists 
and arts organizations; 



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4. Supervise and control the expenditure of all 
appropriations made by the board of supervisors for music 
and the advancement of art or music; and 

5. Review and make recommendations to the 
director of administration with respect to the allocation of 
funds appropriated for publicity and advertising. 

The art commission's responsibilities shall not 
limit the responsibilities of the Asian art commission, fine 
arts museum commission, the war memorial and performing arts 
center commission or the California Academy of Sciences. 

One half cent on each $100 of assessed valuation 
in the City and County shall be allocated for the purpose of 
maintaining a symphony orchestra. 

8.102 Asian Art Commission 

The Asian art commission shall consist of 27 mem- 
bers appointed by the mayor for staggered four-year terms. 
Members may be removed for cause by the mayor. The commis- 
sion may provide through its rules and regulations for the 
appointment of an executive committee, which shall have 
authority to act in all matters on behalf of the commission. 

The commission shall appoint and may remove the 
director of the Asian art museum. 

The Asian art commission shall: 

1. Develop and administer the Asian art museum; 

2. Control and manage the Asian art collection 
with the Avery Brundage collections as its nucleus; 

3 . Create a foundation or other legal entity for 
development purposes; 

4. Promote, establish and develop an acquisition 
fund for Asian art objects; and 

5. Collaborate with groups to sponsor educational 
programs concerning Asian art and culture. 

8.103 California Academy of Sciences 

All buildings and improvements erected by or under 
the authority of the California Academy of Sciences, in or 



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on property owned or controlled by the City and County, 
including but not limited to the Steinhart Aquarium, the 
original Natural History Museum, the Simson African Hall, 
and the additions housing, among other things, the Alex- 
ander F. Morrison Planetarium and Auditorium, are the prop- 
erty of the City and County. However, the buildings and 
improvements, and the activities and personnel therein shall 
be controlled exclusively by the California Academy of Sci- 
ences, except that employees of the City and County shall be 
subject to the civil service and salary standardization pro- 
visions, and City and County funds are subject to the finan- 
cial provisions of this Charter. 

The California Academy of Sciences shall submit to 
the mayor and the board of supervisors an annual financial 
statement of its activities in connection with the operation 
of the buildings described in this section. 

8.104 Fine Arts Museums Commission 

The fine arts museums commission shall consist of 
32 members, 26 to be elected by the members of the commis- 
sion, and six to be appointed, and removable for cause, by 
the mayor. The commission may provide through its rules and 
regulations for the appointment of an executive committee, 
which shall have authority to act in all matters on behalf 
of the commission. 

The commission shall appoint and may remove a 
director of the fine arts museums. 

The fine arts museums commission, as governors of 
the fine arts museums of the City and County, shall be 
responsible for setting the public course the museums will 
follow. The commission's first responsibility shall be to 
assure that the museums are open, accessible and vital con- 
tributors to the cultural life of the City and County, and 
that the museum's programs bring art appreciation and educa- 
tion to all the people of the City and County. 

The fine arts museum department, subject to the 
policy supervision of the fine arts museums commission, 
shall maintain and operate the California Palace of the 
Legion of Honor and the M. H. deYoung Memorial Museum 
without limitation. 



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4. Supervise and control the expenditure of all 
appropriations made by the board of supervisors for music 
and the advancement of art or music; and 

5. Review and make recommendations to the 
director of administration with respect to the allocation of 
funds appropriated for publicity and advertising. 

The art commission's responsibilities shall not 
limit the responsibilities of the Asian art commission, fine 
arts museum commission, the war memorial and performing arts 
center commission or the California Academy of Sciences. 

One half cent on each $100 of assessed valuation 
in the City and County shall be allocated for the purpose of 
maintaining a symphony orchestra. 

8.102 Asian Art Commission 

The Asian art commission shall consist of 27 mem- 
bers appointed by the mayor for staggered four-year terms. 
Members may be removed for cause by the mayor. The commis- 
sion may provide through its rules and regulations for the 
appointment of an executive committee, which shall have 
authority to act in all matters on behalf of the commission. 

The commission shall appoint and may remove the 
director of the Asian art museum. 

The Asian art commission shall: 

1. Develop and administer the Asian art museum; 

2. Control and manage the Asian art collection 
with the Avery Brundage collections as its nucleus; 

3. Create a foundation or other legal entity for 
development purposes; 

4. Promote, establish and develop an acquisition 
fund for Asian art objects; and 

5. Collaborate with groups to sponsor educational 
programs concerning Asian art and culture. 

8.103 California Academy of Sciences 

All buildings and improvements erected by or under 
the authority of the California Academy of Sciences, in or 



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on property owned or controlled by the City and County, 
including but not limited to the Steinhart Aquarium, the 
original Natural History Museum, the Simson African Hall, 
and the additions housing, among other things, the Alex- 
ander F. Morrison Planetarium and Auditorium, are the prop- 
erty of the City and County. However, the buildings and 
improvements, and the activities and personnel therein shall 
be controlled exclusively by the California Academy of Sci- 
ences, except that employees of the City and County shall be 
subject to the civil service and salary standardization pro- 
visions, and City and County funds are subject to the finan- 
cial provisions of this Charter. 

The California Academy of Sciences shall submit to 
the mayor and the board of supervisors an annual financial 
statement of its activities in connection with the operation 
of the buildings described in this section. 

8.104 Fine Arts Museums Commission 

The fine arts museums commission shall consist of 
32 members, 26 to be elected by the members of the commis- 
sion, and six to be appointed, and removable for cause, by 
the mayor. The commission may provide through its rules and 
regulations for the appointment of an executive committee, 
which shall have authority to act in all matters on behalf 
of the commission. 

The commission shall appoint and may remove a 
director of the fine arts museums. 

The fine arts museums commission, as governors of 
the fine arts museums of the City and County, shall be 
responsible for setting the public course the museums will 
follow. The commission's first responsibility shall be to 
assure that the museums are open, accessible and vital con- 
tributors to the cultural life of the City and County, and 
that the museum's programs bring art appreciation and educa- 
tion to all the people of the City and County. 

The fine arts museum department, subject to the 
policy supervision of the fine arts museums commission, 
shall maintain and operate the California Palace of the 
Legion of Honor and the M. H. deYoung Memorial Museum 
without limitation. 



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8.105 War Memorial and Performing Arts 
Center Commission 

The war memorial and performing arts center com- 
mission shall consist of 11 members appointed by the mayor 
and confirmed by the board of supervisors for staggered 
four-year terms. In making appointments the mayor shall 
give due consideration to veterans of all wars. Members may 
be removed for cause by the mayor. 

The commission shall appoint and may remove the 
director of the war memorial and performing arts center. 

The war memorial and performing arts center com- 
mission shall have policy supervision and the director shall 
have management responsibility for the construction and 
operation of the veterans building and opera house. 



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ARTICLE IX 
FINANCIAL PROVISIONS 

9.100 The Annual Budget 

The annual budget shall be a complete financial 
plan for the City and County, and shall include: 

1. Estimated revenues (from whatever source 
derived) and all proposed expenditures; but in no event 
shall proposed expenditures exceed estimated revenues so as 
to provide a balanced budget; 

2. Appropriate entries with respect to each item 
of surplus or deficit from the preceding fiscal year. 

3. Information with respect to capital expendi- 
tures, facilities maintenance and public employees retire- 
ment as required by this Charter; and 

4. A method to permit a comparison, during the 
course of a fiscal year and at the end of a fiscal year, of 
the value of services received for the public dollars 
expended. 

9.101 Annual Budget Schedule and Form Ordinance 

At such time as shall permit the orderly prepara- 
tion of the annual budget, the mayor shall submit to the 
board of supervisors a proposed ordinance with respect to 
the following matters: 

1. The establishment of the City and County's 
fiscal year; 

2. A schedule for the orderly preparation, sub- 
mission and adoption of the annual budget, consistent with 
the requirements of this Charter; 

3. A description of the form of the annual 
budget, providing for the presentation of information in a 
clear and concise manner and requiring consistency with the 
financial records required by Section 3.106 of this Charter 
so as to permit analysis and comparisons from year to year; 

4. A procedure for the reallocation of funds 
among programs, services and activities; and 



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5. A procedure to encourage public participation 
in the budgetary process, which shall include budget hear- 
ings open to the public at the departmental, mayoral and 
supervisorial levels, and the preparation by the mayor of a 
clear and concise summary of essential budget information 
which will permit analysis and comparison from year to year. 

9.102 Preparation and Submission of the Annual Budget 

At least 60 days prior to the commencement of each 
fiscal year the mayor shall submit to the board of supervi- 
sors a proposed annual budget, and shall file such proposed 
annual budget at the main library for public inspection. 
The proposed annual budget shall be consistent with the 
policies and priorities resolution required by Section 3.100 
of this Charter, and shall be accompanied by a clear and 
concise description of the proposed annual budget. 

9.103 Adoption of Annual Budget; Appropriations; and Tax 
Levy 

The board of supervisors shall adopt an expendi- 
ture budget and a revenue budget which shall be balanced and 
shall not exceed the expenditure estimate of the mayor's 
annual budget as submitted to the board. 

The mayor may veto any amendment made by the board 
of supervisors within ten days of adoption of the budget. 
The board of supervisors may pass the' annual budget over the 
mayor's veto by the affirmative vote of eight members within 
ten days following the veto. 

Promptly following the tenth day after the adop- 
tion of the annual budget, the board of supervisors shall 
adopt an appropriations ordinance and a tax levy ordinance. 
Each such ordinance shall be based upon and consistent with 
the annual budget. 

Only upon adoption of and pursuant to the appro- 
priations ordinance may obligations be incurred and expendi- 
tures be made for the ensuing year. 

9.104 Amendment After Adoption 

At any time during a fiscal year, the mayor may 
submit to the board of supervisors amendments to the annual 
budget and the annual appropriations ordinance. The pro- 
posed amendments may be further amended by the board of 
supervisors. Such amendments may: 



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1. Adjust revenues and expenditures included in 
the annual budget, and provide for their appropriation or 
reduction so as to ensure that proposed expenditures do not 
exceed estimated revenues from all sources; 

2. Transfer an uncommitted appropriation balance 
from one program, service or activity to another in accor- 
dance with the requirements of the annual budget schedule 
and form ordinance; and 

3. Meet a public emergency affecting life, health 
or property which may require emergency appropriations in 
accordance with Article I I of this Charter. 

Amendments to the annual budget and the appropria- 
tions ordinance may be adopted under the same procedure as 
required for the adoption of the annual budget and the 
appropriations ordinance, respectively. 

9 . 105 Capital Improvements, Facilities Maintenance 
and Public Employee Retirement Elements 

Capital Improvements and Facilities Maintenance 
Elements 

The capital improvements and facilities mainte- 
nance elements of the annual budget shall contain the fol- 
lowing information: 

1. Estimates of expenditures required to carry 
out long range programs of capital improvements and facili- 
ties maintenance; 

2. Estimates of expenditures required for pro- 
posed capital improvements and facilities maintenence pro- 
grams during the fiscal year covered by the annual budget; 
and 

3. Estimates of amounts expected to be appropri- 
ated for these programs during the fiscal year covered by 
the annual budget. 

Public Employee Retirement Element 

The public employee retirement element of the 
anrual budget shall contain the following information: 

1. Estimates of expenditures required to fully 
furd the City and County's portion of the cost of future 



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benefits incurred during the fiscal year covered by the 
annual budget, based upon the funding method adopted by the 
employees' retirement board described in Section 12.100 of 
this Charter; 

2. Estimates of expenditures required to fully 
fund the past service and any other supplemental costs allo- 
cated to the fiscal year covered by the annual budget, based 
upon the funding method for such costs adopted by such San 
Francisco Employees' Retirement System Board; 

3. Amounts actually appropriated to meet the City 
and County's obligations to the retirement system; 

4. Total actual expenditures during the preceding 
fiscal year; 

5. Total actual income during the preceding 
fiscal year, including City and County contributions, 
employee contributions and return on fund assets; and 

6. Change in ratios of assets to liabilities 
during the preceding fiscal year. 

9.106 Capital Improvements and Facilities 
Maintenance Programs 

Not later than 90 days prior to the commencement 
of each fiscal year, the mayor shall submit to the board of 
supervisors proposed capital improvements and facilities 
maintenance programs covering the next six years. 

The capital improvements program shall describe: 

1. All capital improvement projects planned; 

2. The source and amount of planned annual 
capital improvements expenditures; 

3. The estimated annual cost of operating and 
maintaining the facilities to be constructed or acquired and 
the assumptions underlying such estimates; 

4. The estimated annual revenues, if any, to be 
generated and the assumptions underlying such estimates; and 

5. Other information pertinent to the evaluation 
of the capital improvements program. 



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All capital improvement projects must be reviewed by the 
planning department of the City and County for conformity 
with the general plan. The information in the capital 
improvements program may be modified or extended each year 
for capital improvements pending or in process of acquisi- 
tion or construction. The board of supervisors may delete 
projects from the capital improvements program as submitted 
to it, but may not otherwise amend the program until it has 
requested and considered the recommendations of the planning 
department. However, the board of supervisors may act 
without such recommendations if they are not received within 
30 days from the date requested. 

The facilities maintenance program shall describe: 

1. Necessary maintenance, including the repair, 
reconstruction and replacement of all capital equipment, 
structure and grounds owned or operated by the City and 
County; 

2. The amount of annual expenditures necessary 
for such maintenance; 

3. The source and amount of planned annual expen- 
ditures for such maintenance; and 

4. Other information pertinent to the evaluation 
of the facilities maintenance program. 

The board of supervisors shall by resolution adopt the 
capital improvements and facilities maintenance programs as 
proposed or amended within 60 days after submission. 

9.107 General Obligation Bonds 

When permitted by the Constitution of the State of 
California, whenever the board of supervisors shall deter- 
mine that the public interest or necessity requires the con- 
struction, acquisition, completion, remodeling or repair of 
any public improvement or works of the City and County, the 
cost of which will be too great to be paid out of the ordi- 
nary annual income and revenue of the City and County, the 
board of supervisors may, by ordinance, order the submission 
of the proposition of incurring bonded indebtedness, for the 
purpose set forth in such ordinance, to the voters of the 
City and County, at an election held for that purpose. Such 
ordinance shall be published in accordance with the provi- 
sions of this Charter governing publication of ordinances. 
Approval of such bonded indebtedness shall require the 



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affirmative vote of two thirds of the votes cast with 
respect to the proposition at the election. 

9.108 Revenue Bonds 

Revenue bonds may be issued only with the assent 
of a majority of the voters voting upon such proposition, 
except that no voter approval shall be required with respect 
to revenue bonds : 

1. Approved by resolution adopted by nine members 
of the board of supervisors if the bonds are to finance 
buildings, fixtures or equipment which are deemed necessary 
by the board to comply with an order of a duly constituted 
state or Federal authority having jurisdiction over the sub- 
ject matter; 

2. Approved by the board of supervisors prior to 
January 1, 1977; 

3. For the purposes set forth in and pursuant to 
the provisions of the Marks-Foran Residential Rehabilitation 
Act of 1973, as amended; 

4. [Include provision conforming to Proposi- 
tion B] ; or 

5. For the purpose of acquiring, constructing, 
improving or developing grounds or facilities under the 
jurisdiction of the port commission. 

In connection with the issuance and sale of 
revenue bonds pursuant to this Charter, the board of super- 
visors may use any of the provisions of the Revenue Bond Law 
of 1941 (Chapter 6 of Part 1, Division 2, Title 5 of the 
Government Code, commencing with Section 54300). 

9.109 Lease Financing 

The City and County may enter into public lease- 
back only with the assent of the majority of the voters 
voting upon such proposition. As used in this Section, 
public leaseback shall mean any lease, sublease, contract or 
other agreement made directly or indirectly between the City 
and County and any public agency or authority, a non-profit 
corporation or a retirement system ("leaseback corporation") 
under which payments provided by the City and County will be 
used, in whole or in part, by the leaseback corporation for 
payment of principal of or interest on its bonds, notes or 
other evidence of indebtedness. 



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9.110 Refunding Bonds 

The board of supervisors is hereby authorized to 
provide for the issuance of bonds of the City and County for 
the purpose of refunding any bonds (general obligation or 
revenue) or any series or issue of bonds of the City and 
County then outstanding. In connection with the issuance 
and sale of refunding bonds the board of supervisors may use 
any of the provisions of Article 9 of Chapter 3 of the Gov- 
ernment Code of the State of California, Section 53550 et 
seq. 

9.111 Bond Election by Petition 

Proceedings for the authorization and issuance of 
bonds for the acquisition, construction or completion of any 
public utility or utilities may be initiated by electors in 
the manner following: Whenever a petition, signed by quali- 
fied electors of the City and County equal in number to 15 
percent of the electors who voted for all candidates for the 
office of mayor at the last general election at which a 
mayor of the City and County was elected, requesting the 
board of supervisors to submit to the electors of the City 
and County a proposition or propositions for incurring 
bonded indebtedness for the acquisition, construction or 
completion of any public utility or utilities shall be filed 
with the registrar of voters, the board of supervisors shall 
promptly call an election and submit to the electors the 
proposition or propositions of incurring bonded indebtedness 
of the City and County for the purpose or purposes set forth 
in said petition. 

9.112 Sale of Bonds 

Bonds may be sold at public or private sale upon 
such terms and conditions as the board of supervisors deems 
to be in the public interest. Bonds may be sold at a price 
below the par value thereof; provided, however, that the 
discount on any bonds so sold shall not exceed six percent 
of the par value thereof. 



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ARTICLE X 
PERSONNEL ADMINISTRATION 

10.100 Purpose 

The purpose of the personnel system of the City 
and County shall be: 

1. To recruit, select and advance employees on 
the basis of their relative ability, knowledge and skill; 

2. To ensure fair treatment of employees and 
applicants in all aspects of personnel administration 
without regard to race, color, religion, sex, national 
origin, sexual orientation, political affiliation, age, dis- 
ability or other nonmerit factors and with proper regard for 
their privacy and constitutional rights as citizens; 

3. To train employees as needed to assure quality 
performance; and 

4. To provide a mechanism for encouraging and 
evaluating management and employee productivity. 

10.101 Civil Service Commission 

The civil service commission shall consist of five 
members appointed by the mayor for staggered four-year 
terms. The civil service commission shall be divided into 
Groups I through IV, respectively. Group I shall have two 
members. Each other Group shall have one member. The terms 
of members in Groups I, II, III or IV shall end on the 
Sunday preceding the second Monday in January of 1982, 1983, 
1984 and 1985, respectively, and every four years there- 
after. Members may be removed by the mayor for cause, with 
the consent of the board of supervisors. 

The civil service commission shall appoint and may 
remove an executive secretary. 

The civil service commission shall have the power 
to conduct investigations into any aspect of the operation 
of the personnel system of the City and County and to make 
recommendations to the mayor and the board of supervisors. 
The civil service commission may require periodic reports 
frcm the personnel director in a manner and form which it 
shall prescribe. 



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The civil service commission shall hear appeals 
with respect to: 

1. Alleged improper action under, or denial of 
rights provided by, this Charter, ordinances and rules and 
regulations with respect to personnel practices of the City 
and County. 

2. Disputes concerning classification decisions 
of the personnel department; and 

3. Alleged violation of civil service rules and 
regulations, or fraud concerning examinations; except that 
technical matters concerning the content of examinations 
shall be determined by the personnel director and there 
shall be no right of appeal to the civil service commission. 

Notwithstanding the preceding paragraph, matters 
covered by labor-management agreements to which the City and 
County is a party shall be subject to appeal in the manner 
provided in such agreements. 

10.102 Personnel Department 

The personnel department shall provide a means to 
recruit, select, appoint, train and maintain an effective 
and responsive workforce through procedures for employee 
hiring and advancement, training and career development, job 
classification, salary administration, discipline, discharge 
and other related activities. 

The personnel department shall establish a system 
of job classification. The department shall create new 
classifications and shall as necessary reclassify existing 
positions, after required notice to employee organizations 
and departments affected. 

Any classification or reclassification shall be 
appealable to the civil service commission by affected par- 
ties including employees, recognized employee organizations 
and departments of the City and County. 

10.103 Personnel Director 

A personnel director shall be appointed and may be 
removed by the mayor. The personnel director shall be 
responsible for the administration of the personnel depart- 
ment. 



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The personnel director shall establish regulations 
with respect to administrative matters within the jurisdic- 
tion of the personnel department. No regulations shall be 
adopted, amended or repealed without a prior public hearing 
for which at least two weeks notice shall have been given. 

The personnel director shall submit to the civil 
service commission rules with respect to recruitment, selec- 
tion and appointment of employees. After a public hearing, 
the civil service commission shall approve or reject such 
rules. 

The personnel director shall conduct appropriate 
examinations for employment on an entrance, promotive or 
combination entrance and promotive basis, and shall estab- 
lish lists of eligibles based on their results. 

10.104 Exclusions From Civil Service Appointment 

All employees of the City and County shall be 
either "classified" or "unclassified." Unclassified 
employees shall be exempt from civil service procedures. 
Unclassified employees shall include: 

1. All supervisory and policy-level positions 
within the office of the mayor; 

2. All elected officers of the City and County 
and their chief deputies or chief assistants; 

3. All members of commissions, boards and commit- 
tees; 

4. Not more than one commission secretary for 
each commission or board; 

5. All heads of agencies and departments; 

6. All non-uniformed assistant heads of depart- 
ments; 

7. All uniformed deputy heads of departments, 
police commanders, police inspectors and fire chief's opera- 
tors; 

8. Not more than one confidential secretary in 
each department and agency; 



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9. Administrative assistants, the clerk and leg- 
islative auditor to the board of supervisors; 

10. All nonclerical employees of the superior and 
municipal courts; 

11. All attorneys, physicians and dentists serving 
in their professional capacity and hospital chief adminis- 
trators; and 

12. The law librarian, assistant law librarians, 
bookbinder of the law library, purchaser, actuary of the 
employees' retirement board, tax administrator, director of 
the zoo and director of the aboretum and botanical garden. 

The proportion of full-time employees in the above 
unclassified categories to the total number of civil service 
employees of the City and County shall not be greater than 
such proportion as existed on July 1, 1980. 

In addition, unclassified employees shall include: 

1. All certificated teachers and certified admin- 
istrators of the unified school district and the community 
college district; 

2. All paraprof essional aides of the unified 
school district and teaching instructional aides of the com- 
munity college district; 

3. Construction workers working outside of City 
and County; 

4. Part-time, temporary and seasonal appointments 
not to exceed the equivalent of half-time during any fiscal 
year; 

5. Appointments as substitutes for civil service 
employees on leave, or for special projects funded from 
other than City and County funds, as provided by ordinance, - 
and 

6. Provisional appointments for classified posi- 
tions, which shall not exceed six months and shall not be 
renewable, for positions for which no eligible list exists. 

Temporary, provisional and part-time employees may 
receive the same terms and conditions of employment as per- 
manent employees, except for retirement benefits. 



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10.105 Discipline 

Employees in classified positions shall have the 
right to due process in all disciplinary matters. For dis- 
ciplinary matters in which a suspension of less than five 
days is imposed, an employee shall be granted a hearing and 
the right to appear before the appointing officer or 
designee in a manner to be prescribed by ordinance. For 
disciplinary matters involving suspension of more than five 
days, demotion or dismissal, an employee shall have the 
right, after exhausting the process above, to a hearing 
before the civil service commission, a hearing officer, or 
to binding arbitration. 

No person employed under the civil service provi- 
sions of this Charter, exclusive of members of the police 
and fire departments as provided below, in a position 
defined by the civil service commission as "permanent" shall 
be removed or discharged except for cause, upon written 
charges, and after an opportunity to be heard in his own 
defense. Pending such hearing, the appointing officer may 
suspend the person so accused if the accusation against the 
accused person involves misappropriation of public funds or 
property, misuse or destruction of public property, drug 
addiction or habitual intemperance, mistreatment of persons, 
acts which would constitute a felony or misdemeanor 
involving moral turpitude, or acts which present an imme- 
diate danger to the public health and safety; but such sus- 
pension shall not be valid for more than 30 days, unless 
hearing upon the charges shall be delayed beyond such time 
by the act of the accused person. When charges are made, 
the appointing officer shall, in writing, notify the person 
accused of the time and place when the charges will be 
heard, by mailing such statement to his last known address. 
The hearing shall be conducted forthwith by a qualified and 
unbiased hearing officer employed under contract by the City 
and County and selected by procedures set forth in the rules 
of the civil service commission. The hearing officer shall 
publicly hear and determine the charges, and may exonerate, 
suspend or dismiss the accused. If the employee is exoner- 
ated the hearing officer may, at his discretion, remit the 
suspension and may order payment of salary to the employee 
for the time under suspension, and the report of such sus- 
pension shall thereupon be expunged from the record of ser- 
vice of such employee. The civil service commission shall 
iirmediately be notified of the charges when made, of the 
hearing, and of the finding thereon. The finding of the 
hearing officer shall be final, unless within 30 days there- 
from the dismissed employee appeals to the civil service 



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commission. The appeal shall be in writing and shall 
briefly state the grounds therefor. The civil service com- 
mission shall examine the case and may require the hearing 
officer to furnish a record of the hearing and may require 
any additional evidence it deems material under conditions 
established by rule of the civil service commission, and 
may, thereupon, make such decision as it deems just. The 
order or decision of the commission upon such appeal shall 
be final and shall forthwith be enforced by the appointing 
officer. If the civil service commission shall reverse or 
alter the finding of the hearing officer it may, in its dis- 
cretion, order that the employee affected be paid salary 
from the time of his discharge or suspension. 

The civil service commission may hear and deter- 
mine any charge filed by a citizen or by the authorized 
agents of the commission when the appointing officer 
neglects or refuses to act. Removal or discharge may be 
made for any of the following causes: incompetence, 
habitual intemperance, insubordination, discourteous treat- 
ment of the public, dishonesty, inattention to duties or 
engaging in prohibited political activities. 

Nothing in this Section shall limit or restrict 
rules adopted by the commission governing lay-offs or reduc- 
tion in force. 

Uniformed members of the fire or the police 
department guilty of any offense or violation of the rules 
and regulations of their respective departments shall be 
liable to be punished by reprimand, or by fine not exceeding 
one month's salary for any offense, or by suspension for not 
to exceed three months, or by dismissal, after trial and 
hearing by the commissioners of their respective depart- 
ments; provided, however, that the chief of each respective 
department for disciplinary purposes may suspend a member 
for a period not to exceed 10 days for violation of the 
rules and regulations of his department. Any member so sus- 
pended shall have the right to appeal such suspension to the 
fire commission or to the police commission, as the case may 
be, and have a trial and hearing on such suspension. 
Written notice of appeal must be filed within 10 days after 
such suspension and the hearing of said appeal must be held 
within 30 days after the filing of said notice of appeal. 
If the commission shall reverse or alter the finding of the 
chief, it shall in the case of a reversal and in other cases 
it may in its discretion, order that the member affected be 
paid salary for the time of his suspension. In the event 
the chief should exercise such power of suspension, the 



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member involved shall not be subject to any further 
disciplinary action for the same offense. Subject to the 
foregoing, members of either department shall not be subject 
to dismissal, nor to punishment for any breach of duty or 
misconduct, except for cause, nor until after a fair and 
impartial trial before the commissioners of their respective 
departments, upon a verified complaint filed with such com- 
mission setting forth specifically the acts complained of, 
and after such reasonable notice to them as to time and 
place of hearings as such commission may, by rule, pre- 
scribe. The accused shall be entitled, upon hearing, to 
appear personally and by counsel; to have a public trial; 
and to secure and enforce, free of expense, the attendance 
of all witnesses necessary for his defense. 

Notwithstanding the above Sections, procedures 
governing disciplinary matters may be established through 
labor-management agreement. 



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ARTICLE XI 

EMPLOYER-EMPLOYEE RELATIONS SYSTEM 

11.100 General 

The. purpose of this Article shall be to establish 
a mechanism to facilitate negotiations between the City and 
County and recognized employee organizations with respect to 
wages, hours and other terms and conditions of employment. 

Employee Relations Office 

An employee relations office shall be established 
within the office of the mayor, and shall be responsible 
for: 

1. Evaluation of the likely costs of various 
labor and management proposals under negotiation; and 

2. The annual salary surveys required by 
Appendix A of this Charter. 

The mayor shall appoint a director of employee 
relations, subject to confirmation of the board of supervi- 
sors . 

In addition, a chief labor negotiator for the City 
and County shall be jointly designated by the mayor and a 
majority of the members of the board of supervisors in a 
manner provided by ordinance. The chief labor negotiator 
may be the director of employee relations, any other officer 
of the City and County or any other person. 

The chief labor negotiator shall: 

1. Negotiate on behalf of the City and County 
with recognized employee organizations; and 

2. Serve as the City and County representative 
for negotiation and administration of memoranda of under- 
standing ; 

Employer-Employee Negotiations 

Wages, hours and other terms and conditions of 
employment for employees of the City and County shall be 
established by either: 



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1. The City and County acting through the chief 
labor negotiator shall meet and confer in good faith with 
recognized employee organizations and shall attempt to reach 
agreement on all matters within the scope of negotiation. 
Such agreement shall supersede any other terms and condi- 
tions of employment for covered employees established by 
Appendix A of this Charter, ordinances, rules or regulations 
which are inconsistent with such agreements. Agreements may 
provide a procedure for final and binding arbitration of 
grievances which may arise between representatives of the 
City and County and an employee or recognized employee orga- 
nization arising under an agreement, or of an impasse in 
negotiating subsequent agreements. On the expiration of an 
agreement, terms and conditions of employment contained in 
the agreement shall terminate, and no employee benefit con- 
tained therein shall continue after the expiration date of 
the agreement, except as may be specifically provided in the 
agreement. Every agreement shall include specific language 
recognizing this limitation of terms and conditions of 
employment; or 

2. In the absence of a negotiated agreement with 
respect to any group of employees, wages, hours and other 
terms and conditions of employment shall be as provided in 
Appendix A of this Charter. Terms and conditions of employ- 
ment not specified in Appendix A shall be determined by the 
employee relations office after survey in the six bay area 
counties of benchmark classes of public and private 
employees who are providing like work and like services, 
except as otherwise required by law. 

[Appendix A will contain those provisions of the 
Charter of 1932 included in Sections 8.324, 8.329, 
8.402-8.411 and 8.440-8.588-14.] 

11.101 Memoranda of Understanding 

Memoranda of Understanding which incorporate 
labor-management agreements shall be adopted by resolutions 
of the board of supervisors. 

11.102 Strike Prohibition 

The people of the City and County find that the 
instigation of or participati Dn in, strikes against the City 
and County by any officer or employee of the City and County 
constitutes a serious threat to the lives, property and wel- 
fare of its citizens and hereby declare as follows: 



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1. No person holding a position by appointment or 
employment under the civil service provisions of this 
Charter shall strike, or cause, instigate or afford leader- 
ship to a strike, or honor a strike against the City and 
County by willfully abstaining from the full, faithful and 
proper performance of the duties of employment; and 

2. The board of supervisors shall enforce this 
Section 11.102 through appropriate ordinances. 



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ARTICLE XII 
EMPLOYEE RETIREMENT AND HEALTH SERVICE SYSTEMS 
Employee Retirement System 

12.100 Retirement Board 

There shall be a retirement board of the City and 
County which shall consist of eight members as follows: the 
president of the board of supervisors, three public members 
to be appointed by the mayor, one retired City and County 
employee to be appointed by the mayor, and three members 
elected from the active membership of the retirement system. 
The public members appointed by the mayor shall hold either 
a degree of doctor of medicine or shall be experienced in 
life insurance, actuarial science, employee pension planning 
or investment portfolio management, and shall be appointed 
by the mayor from among three persons whose names shall have 
been submitted for each such appointment by a committee con- 
sisting of two members each of the San Francisco Medical 
Society, Bar Association of San Francisco, San Francisco 
Real Estate Board and the Greater San Francisco Chamber of 
Commerce; provided, however, that there shall not be, at any 
one time, more than one appointed member who holds a degree 
of doctor of medicine. The term of the six members, other 
than the president of the board of supervisors, shall be 
five years. Subject to the civil service provisions of this 
Charter, the retirement board shall appoint an executive 
director . 

The retirement board shall be the sole authority 
and judge, consistent with this Charter and ordinances, as 
to the conditions under which members of the retirement 
system may receive and may continue to receive benefits 
under the retirement system, and shall have exclusive con- 
trol of the administration and investment of such funds as 
may be established, provided that all investments shall be 
of the character legal for insurance companies within the 
State of California. 

12.101 Executive Director and Actuary 

The executive director shall administer the 
retirement system in accordance with the provisions of this 
Charter. The retirement board shall appoint and may remove 
an actuary, who shall hold office at its pleasure, and shall 
employ a consulting actuary. The executive director and 
actuary, or their designees, shall have the power to admin- 



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ister oaths and affirmations in all matters pertaining to 
the business of the retirement system. 

12.102 Trust Fund 

The retirement fund shall be a trust fund to be 
administered by the retirement board in accordance with the 
provisions of this Charter solely for the benefit of the 
active members and retired members of the retirement system 
and their survivors and beneficiaries. 

Health Service System 

12.103 Health Service Board 

There shall be a health service board of the City 
and County which shall consist of seven members as follows: 
the chairman of the finance committee of the board of super- 
visors, the city attorney, or designated assistant city 
attorney, two members appointed by the mayor, one of whom 
shall be a resident official of an insurance company and the 
other a doctor of medicine, and three members elected by the 
members of the system from among their number. The terms of 
members, other than the two ex officio members, shall be 
five years, one term expiring on May 15 of each year. 

A vacancy on the health service board appointive 
by the mayor shall be filled by the mayor. A vacancy in an 
elective office on the health service board shall be filled 
by a special election within 90 days after the vacancy 
occurs unless a regular election is to be held and within 
six months after such vacancy shall have occurred. 

The health service board shall: 

1. Establish and maintain detailed historical 
costs for medical and hospital care and conduct an annual 
review of such costs; 

2. Apply benefits without special favor or privi- 
lege; 

3. Put such plans into effect and through its 
staff, conduct and administer the same and, contract 
therefor and use the funds of the system; and 

4. Make rules and regulations for the transaction 
of .its business, the granting of exemptions and the admis- 
sion to the system of members. 



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12 . 104 Medical Director or Executive Director 

The health service board shall appoint and may 
remove a full-time medical director who shall be a doctor of 
medicine with experience in administering health plans or in 
comparable work, or an executive officer with experience in 
administering health plans or in comparable work and a part- 
time medical adviser who shall be a doctor of medicine with 
such experience. The health service board and each com- 
mittee of the board shall confine its activities to policy 
matters and to matters coming before it as an appeal board. 

12.105 Membership in Health Service System 

The members of the system shall consist of all 
employees of the City and County, which shall include offi- 
cers of the City and County, of the unified school district. 
and of the parking authority of the City and County who have 
completed a period of employment of 60 days. 



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ARTICLE XIII 
ELECTIONS 

13 . 100 City and County Elections 

There shall be a general municipal election to 
fill the elective offices of the City and County, other than 
those filled at the time of a statewide election. 

With respect to each elective office of the City 
and County, if no candidate for the office receives a 
majority of the votes cast at an election for such office, 
the two candidates receiving the most votes thereby qualify 
to have their names placed on the ballot for a runoff 
municipal election. 

The board of supervisors shall maintain a fund 
sufficient to pay all costs and expenses of the City and 
County with respect to a special municipal election, and 
such fund shall be used solely to pay the costs of such an 
election. Upon payment of any such costs or expenses, an 
appropriation shall be made in the next succeeding appropri- 
ations ordinance sufficient to reimburse the fund. 

All laws of the State of California with respect 
to elections shall apply to elections in the City and 
County, except as otherwise provided by this Charter or 
ordinance and consistent with state law. 

13.101 Terms of Elective Office 

Except in the case of an appointment or an elec- 
tion to fill a vacancy, the term of office of each elected 
official shall commence at 12:00 noon on the second Monday 
in January following the date of election. 

No person shall be eligible for a period of one 
year after the last day of service as mayor or member of the 
board of supervisors for appoj ment to any full-time 
position carrying compensation ith the City and County. 

13 . 102 Registrar of Voters 

The registrar shall register voters, conduct elec- 
tions, establish precincts, certify petitions, appoint elec- 
tion officers and be responsible for all other matters per- 
taining to elections in the City and County. 



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13.103 Nomination 

Not less than 60 days prior to a general or spe- 
cial municipal or statewide election each person wishing to 
be a candidate for an elective office shall file with the 
registrar of voters: 

1. A declaration of candidacy in such form as 
shall be prescribed by the registrar of voters; 

2. A filing fee of two percent of the current 
annual salary for the office sought or the signatures of 
such number of electors as is required by law; and 

3. Signatures of not less than 20 nor more than 
30 electors, who, in the case of elections by district, 
shall reside in the respective districts. 

Upon fulfillment of these requirements, the registrar of 
voters shall certify the candidate as nominated and place 
the name on the ballot. A candidate may withdraw such can- 
didacy at any time up to 50 days prior to the election by 
filing with the registar a statement of withdrawal signed by 
such c andi date . 

The registrar of voters shall preserve for a 
period of four years, in a manner accessible to the public, 
all declarations, signatures, and lists of sponsors filed 
pursuant to this Section 13.103. 

13.104 Qualification 

Each candidate for an elective office of the City 
and County shall be an elector, and each elected officer 
shall continue to be an elector during the term of the 
office. In the case of elections by district the candidate 
or officer shall also reside in the particular district. 

13.105 Precincts 

The registrar of voters shall appoint election 
officers for each precinct for each general, runoff and spe- 
cial municipal election. 

The registrar of voters may withhold the pay of 
any election officer who neglects, disregards or violates 
election laws. 



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13.106 Election Material Mailed to Voters 

A voter's pamphlet including a sample ballot, can- 
didates' statements and lists of sponsors' arguments for and 
against each ballot measure, any financial impact statements 
prepared by the controller and arguments for and against the 
recall of any officers shall be mailed to each elector so as 
to be received at least ten days prior to each general, 
runoff or special municipal election. 

13.107 Electors; Eligibility 

The registrar of voters shall qualify electors as 
voters as prescribed by law. 

13 . 108 Determination of Election Results 

The canvas of voters, canvas of returns, declara- 
tion of elections and certification of elections shall be 
made as prescribed by law. If a person elected fails to 
qualify, the office shall be filled in the manner prescribed 
by this Charter for the filling of a vacancy in such office. 

13 . 109 Reporting of Campaign Financing 

The board of supervisors shall by ordinance pre- 
scribe requirements for campaign contributions and expendi- 
tures and any limitations thereon with respect to candidates 
for elective office and ballot measures in the City and 
County. 



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ARTICLE XIV 
INITIATIVE, REFERENDUM AND RECALL 



14.100 General 

Except as otherwise provided in this Article, the 
voters of the City and County shall have the power to enact 
initiatives and the power to nullify ordinances by refer- 
endum. 

An elected official of the City and County may be 
recalled by the voters as provided by this Charter and by 
the laws of the State of California, except that no recall 
petition shall be filed with respect to any officer who has 
held office for less than six months. 

Declarations of policy may be proposed as provided 
in Section 2.115 of this Charter. 

14.101 Initiatives 

By petition, the voters may propose an initiative. 
Such petition, when signec by voters in a number equal to at 
least five percent of the votes cast for mayor in the last 
preceding general municipal election at which a mayor was 
elected, shall be submitted by the registrar of voters to a 
vote of the electorate. Such vote shall occur at the next 
statewide election or general municipal election that shall 
occur at any time after 30 days from the date of the cer- 
tificate of sufficiency attached to the petition accompa- 
nying such measure unless the board of supervisors, by ordi- 
nance, directs that the measure be voted upon at a special 
municipal election. If the petition accompanying a proposed 
initiative is signed by voters in a number equal to at least 
ten percent of the votes cast for mayor in the last 
preceding general municipal election at which a mayor was 
elected, and contains a request that the initiative be sub- 
mitted forthwith to voters at a special municipal election, 
the registrar of voters shall promptly call such an elec- 
tion. Such special municipal election shall be held not 
less than 60 nor more than 75 days from the date of calling 
the same, at which election the initiative shall be sub- 
mitted to voters, unless it is within 60 days of a general 
or primary election, in which event it shall be submitted at 
such general or primary election. 



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Except for any amendment to this Charter, the 
mayor or one third of the board of supervisors may propose 
an initiative to be submitted to the voters at the next gen- 
eral municipal election or statewide election. A majority 
of the board of supervisors may call a special election with 
respect to an initiative, unless it is within 60 days of a 
general municipal election or statewide election, or may 
propose any amendment to this Charter. 

No initiative or declaration of policy approved by 
the voters shall be subject to veto, or to amendment or 
repeal except by the voters, unless such initiative or dec- 
laration of policy shall otherwise provide. 

14.102 Referendum 

Referendum petitions shall be signed by a number 
of voters egual to at least ten percent, or, in the case of 
any ordinance granting any public utility franchise, at 
least five percent, of the total number of votes cast for 
mayor in the last preceding mayoral election. 

A referendum proposed by a majority of the board 
of supervisors shall be voted on at a general or special 
municipal election within 30 days of the date the board of 
supervisors votes to place the measure on the ballot. 

14.103 Recall 

A recall petition other than with respect to a 
member of the board of supervisors, shall include the signa- 
tures of voters in a number egual to at least ten percent of 
the votes cast for mayor at the last preceding mayoral elec- 
tion. A recall petition with respect to a member of the 
board of supervisors shall include the signatures of voters 
residing within the supervisorial district which such member 
represents in a number egual to at least ten percent of the 
votes cast for mayor in such supervisorial district. A 
recall petition shall state the grounds on which the recall 
is based. 

Upon certification of sufficiency of the recall 
petition by the registrar, the registrar shall forthwith 
call a special municipal election, to be held at a date not 
less than 60 nor more than 75 days from the date of its 
calling at which said recall shall be submitted to voters, 
unless within 60 days of a general or primary election, in 
which event it shall be submitted at such general or primary 
election. 



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14.104 Petitions - Withdrawal of Signatures 

A person signing a petition for initiative, refer- 
endum or recall may withdraw his or her name from such peti- 
tion by filing with the registrar of voters a verified revo- 
cation of that signature prior to the filing of such 
petition itself. 

14.105 Elections Code 

The board of supervisors shall adopt an elections 
code, with such terms and provisions as are not inconsistent 
with this Charter. 



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ARTICLE XV 
MISCELLANEOUS PROVISIONS 



15.100 Cable Cars 

In the conduct of the municipal railway there 
shall be maintained and operated cable car lines as follows: 

1. A line commencing at Powell and Market 
Streets; thence along Powell Street to Jackson Street; 
thence along Jackson Street to Mason Street; thence along 
Mason Street to Columbus Avenue; thence along Columbus 
Avenue to Taylor Street; thence along Taylor Street to a 
terminal at Bay Street; returning from Bay and Taylor 
Streets along Taylor Street to Columbus Avenue; thence along 
Columbus Avenue to Mason Street; thence along Mason Street 
to Washington Street; thence along Washington Street to 
Powell Street; and thence along Powell Street to Market 
Street, the point of commencement. 

2. A line commencing at Powell and Market 
Streets; thence along Powell Street to Jackson Street; 
thence along Jackson Street to Hyde Street; thence along 
Hyde Street to a terminal at Beach, returning from Beach and 
Hyde Streets along Hyde Street to Washington Street; thence 
along Washington Street to Powell Street; thence along 
Powell Street to Market Street, the point of commencement. 

3. A line commencing at Market and California; 
thence along California Street to a terminal at Van Ness 
Avenue; returning from Van Ness Avenue along California 
Street to Market Street, the point of commencement. 

To fully effectuate the intent of this Section 
15.100, the public utilities commission shall maintain and 
operate said lines at the normal levels of scheduling and 
service in effect on July 1, 1971; provided, however, that 
nothing herein contained shall prevent the commission from 
increasing at any time the said levels of scheduling and 
service. 

15.101 Acquisition of Public Utilities 

It is the declared purpose and intention of the 
people of the City and County, when public interest and 
necessity demand, that public utilities shall be gradually 
acquired and ultimately owned by the City and County. When- 



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ever the board of supervisors shall determine that the 
public interest or necessity demands the acquisition, con- 
struction or completion of any public utility or utilities 
by the City and County, or whenever the electors shall peti- 
tion the board of supervisors, as provided in Article XIV of 
this Charter, for the acquisition of any public utility or 
utilities, the supervisors must procure a report from the 
public utilities commission thereon. 

15 . 102 Appropriations for Maintenance of Certain 
Cultural Facilities 

The board of supervisors shall annually appro- 
priate to the war memorial board, an amount sufficient to 
defray the cost of maintaining, operating and caring for the 
war memorial. 

The board of supervisors, subject to the budget 
provisions of this Charter, shall, for the purpose of main- 
taining, operating, providing for the security of, expanding 
and superintending the Fine Arts Museums and the purchase of 
objects of art, literary productions and other personal 
property, provide, in each annual budget of the City and 
County, an amount sufficient for the maintenance, opera- 
tions, and superintendence thereof, and such additional 
amount as is necessary to take care of the increased demand 
for help, buildings, repairs and care of the museums. Such 
amounts shall be credited to and deposited in a fund in the 
treasury of the City and County to be known as the "Golden 
Gate Museums Fund, " or such other title as may be chosen by 
not less than two thirds of the then authorized trustees of 
the museums, and shall be used exclusively for the purposes 
thereof. 

Funds necessary for the maintenance, operation and 
continuance of the Steinhart Aquarium shall be furnished by 
the City and County to the California Academy of Sciences. 
The board of supervisors shall have the power to furnish to 
the California Academy of Sciences such funds as the board 
shall deem proper for the maintenance, operation and con- 
tinuance of any or all other of said buildings and improve- 
ments heretofore or hereafter erected. 

15.103 Open Space Acquisitions and Park 
Renovation Fund 

There shall be an open space acquisition and park 
renovation fund, to be administered by the recreation and 
park commission. Monies therein shall be appropriated, 



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transferred, expended or used as provided for herein for 
those recreation and open space purposes determined by the 
planning commission to be consistent with the recreation and 
open space element of the general plan of the City and 
County and in accordance with the "Recreation and Open Space 
Programs" to implement the recreation and open space element 
approved by the planning commission on July 19, 1973, as 
from time to time modified by a majority vote of each of the 
planning commission and recreation ^nd park commission 
meeting jointly, and with the concurrence of the board of 
supervisors. The recreation and ope: space element of the 
comprehensive plan and the "Recreation and Open Space Pro- 
grams, " as from time to time modified, shall continue to 
identify neighborhoods which are in special need of recre- 
ation and open space facilities, and shall designate such 
neighborhoods as "high-need neighborhoods." Monies in the 
open space acquisition and park renovation fund shall be 
used to acquire by purchase, lease, exchange, eminent domain 
or otherwise, real property, interests therein, and improve- 
ment and development rights thereon and to develop and main- 
tain land so acquired. Lands currently under the jurisdic- 
tion of the San Francisco Port Commission may be acquired by 
lease or otherwise and may be leased and administered with 
the funds provided for herein for purposes consistent with 
this Section. The recreation and park commission and the 
San Francisco Port Commission are hereby authorized to enter 
into contracts appropriate to carry out the purposes of this 
Section. 

There shall continue to be imposed, for a period 
of 15 years starting with the fiscal year 1975-1976, an 
annual tax of $0.10 for each $100 assessed valuation to be 
utilized for the purposes provided for in this Section. 
Revenues obtained thereby shall be in addition to, and not 
in place of, any sums normally budgeted for the recreation 
and park commission, and, together with interest earned 
thereon, shall be deposited into the open space acquisition 
and park renovation fund. In 'addition, all grants, gifts, 
and bequests paid to the City and County for open space 
acquisition and park renovation, and interest earned 
thereon, unless otherwise restricted, shall be deposited 
into the fund. Establishment of this fund is not intended 
to preclude any other similar programs or any similar use of 
funds by the City and County. All amounts paid into said 
fund shall be maintained by the treasurer, separate and 
apart from all other City and County funds, and shall be 
secured by his or her official bond. 



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Monies in the fund shall be used for: (i) the 
acquisition and development of lands within or contiguous to 
"high-need neighborhoods, " or lands on the northern water- 
front and bay shoreline for recreation purposes; (ii) the 
acquisition and development of properties within the City 
and County for open space purposes; and (iii) the renovation 
of existing parks and recreation facilities within the City 
and County. 

Each year, monies in the fund shall be used to 
match, on a dollar-f or-dollar basis, private funds, grants, 
or donations given to the City and County for the purpose of 
renovating existing parks and recreational facilities up to 
an amount equal to 15 percent of the amount of the monies 
provided for the fund in that year. Each year, monies in 
the fund shall be used without a matching requirement for 
the purpose of renovating existing parks and recreational 
facilities up to an amount equal to ten percent of the 
amount of the monies provided for the fund in that year. 
Monies unspent in either category of this subsection after 
the end of one fiscal year shall be carried forward to the 
next fiscal year and shall be used only for the same pur- 
poses as they were originally set aside. 

The remaining monies shall be used as hereafter 
indicated in the following two paragraphs. 

In each of the first five years of the fund's 
existence, a minimum of 50 percent of the remainder of the 
monies in the fund shall be used to acquire real property, 
and at least 25 percent of the remainder of the monies in 
the fund shall be used for acquisition of properties within 
or contiguous to "high-need neighborhoods"; the balance of 
the remainder of the monies in the fund shall be used for 
administrative expenses and the maintenance and development 
of properties acquired through the fund. 

At any time after the end of five years, the pro- 
portion of funds to be used for acquisition as herein set 
forth, may be modified by the board of supervisors. At any 
time after the end of ten years, if the then-current "Recre- 
ation and Open Space Programs" no longer shows any lands 
appropriate for open space and recreation purposes, then the 
limitation that funds may only be used for the maintenance 
and development of properties acquired from the fund may be 
modified in whole or in part by the board of supervisors to 
provide that funds may be used to expand the maintenance and 
development of other properties held by the recreation and 
pa::k department in "high-need neighborhoods" identified in 
th<i then current "Recreation and Open Space Programs." 



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The recreation and park commission and the plan- 
ning commission shall hold at least one joint public meeting 
annually and shall at such time receive and review a report 
from the general manager of the recreation and park depart- 
ment on the implementation of the "Recreation and Open Space 
Programs," on expenditures made from the open space acquisi- 
tion and park renovation fund, and on properties developed 
in the preceding year for recreation uses. The general man- 
ager of the recreation and park department shall also make 
general recommendations of further lands for acquisition, 
improvement, or development for approval by a majority of 
each of the recreation and park commission and the city 
planning commission meeting jointly, and with the concur- 
rence of the board of supervisors. 

15.104 Law Library 

The San Francisco Law Library, established under 
an act of the Legislature approved March 9, 1870, shall be 
under the management and control of the board of trustees, 
which shall consist of seven appointive members of the San 
Francisco bar, and the mayor, the presiding judge and the 
three judges of the appellate department of the superior 
court, ex officio. All vacancies on said board shall be 
filled by said board. 

The board of trustees shall appoint and at its 
pleasure may remove a librarian, who shall be its executive 
officer, and such assistants as are necessary for the proper 
conduct and operation of the library. The salaries of the 
librarian and the assistants and employees shall be fixed by 
the board of supervisors as provided by this Charter for 
other City and County employees. 

The supervisors shall provide suitable and suffi- 
cient quarters for the law library, fix up and furnish the 
same and provide for the supply of necessary light, heat, 
stationery and other conveniences. The library shall be so 
located as to be readily accessible to the judges and the 
officers of the court. 

The county clerk and the clerk of the municipal 
court shall collect the fees provided for law libraries by 
general law and the fees so collected by such officers or by 
any officers under any other provisions of the law shall be 
paid to the treasurer of the law library monthly, and shall 
constitute a law library fund to be expended by the law 
library trustees in the purchase of books and periodicals, 
and in the establishment and maintenance of the law library. 



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The judiciary, city, county and state officials, 
members of the bar and all inhabitants of the City and 
County shall have free access, use and enjoyment of the law 
library, subject to rules and regulations of the board of 
trustees . 

15.105 Citizen Participation; Publication of and 
Access to Public Documents 

The publication of and full public access to 
public documents, except for those subject to confiden- 
tiality, shall be as required by law. 

15.106 Franchises 

Franchises shall be granted by a competitive pro- 
curement process for not more than 25 years. 

15.107 Financial Disclosure 

All public officers, as defined by the laws of the 
State of California and including all the commissioners of 
the City and County, shall disclose financial information in 
accordance with such state law. The county clerk shall 
maintain all such records and be responsible for the 
enforcement of this Section. 

15.108 Recreation and Parks; Buildings and Lands 

The responsibilities of the City and County with 
respect to recreation and parks shall be limited as follows: 

1. No building or structure, except for nurs- 
eries, equipment storage facilities and comfort stations, 
shall be erected, enlarged or expanded in Golden Gate Park 
unless such action has been approved by a vote of two thirds 
of the members of board of supervisors; and 

2. No park land may be sold unless approved by a 
vote of the electors. 

15.109 Conflict of Interest 

[Under Study by the Commission] 

15.110 Severability 

If any provision of this Charter, or the applica- 
tion thereof to any person or circumstance is held invalid, 



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the remainder of this Charter, and the application of such 
provision to other persons or circumstances, shall not be 
affected thereby. 

15.111 Taxpayers' Suits 

In the event that a taxpayer of the City and 
County institutes suit or other proceeding as provided by 
law against any officer, board or commission of the City and 
County in the name of said taxpayer on behalf of the City 
and County, if judgment be finally entered in such tax- 
payer' s favor such taxpayer shall be allowed costs and also 
such reasonable compensation for attorney's fees as may be 
fixed by the court. 



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ARTICLE XVI 
DEFINITIONS 



For all purposes of this Charter, the following 
terms shall have the meanings specified below: 

"Business day" shall mean any day other than a 
Saturday, Sunday or holiday on which governmental agencies 
of the State of California are authorized by law to close. 

"Confirm" shall mean the approval by a majority 
vote of the members of the board of supervisors. 

"Elector" shall mean a person qualified as an 
elector under the laws of the State of California and 
residing in the City and County. 

"General municipal election" shall mean the elec- 
tion to be held in the City and County on the Tuesday imme- 
diately following the first Monday in November in odd- 
numbered years. 

"Initiative" shall mean a petition of the voters 
with respect to any ordinance, act or other measure which is 
within the powers conferred upon the board of supervisors to 
enact or any legislative act which is within the power con- 
ferred upon any other board, commission or officer to adopt, 
or any amendment to this Charter or any declaration of 
policy. 

"Majority" of the members of the board of supervi- 
sors or any other board or commission of the City and County 
shall mean a majority of all members of such board or com- 
mission. 

"Notice" shall mean a public notice in the form 
and manner as shall be prescribed by ordinance, and shall 
include a filing with the clerk of the board of supervisors 
contemporaneously with such public notice. 

"Published" shall mean published in a newspaper of 
general circulation in the City and County. 

"Referendum" shall mean the power to nullify ordi- 
nances involving legislative matters; provided, however, 
th it the referendum power shall not extend to any portion of 
the annual budget or supplemental appropriations, to ordi- 



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nances authorizing the city attorney to compromise 
litigation or ordinances necessary to enable the mayor to 
carry out the mayor's emergency powers. 

"Runoff municipal election" shall mean the elec- 
tion to be held in the City and County on the second Tuesday 
in December following a general municipal election. 

"Special municipal election" shall mean, in addi- 
tion to special elections otherwise reguired by law, the 
election called by (1) the registrar of voters with respect 
to (a) an initiative, referendum or recall, (b) a vacancy in 
the office of mayor or the board of supervisors and (2) the 
board of supervisors with respect to (a) bond issues, or 
(b) election of an officer not reguired to be elected at the 
general municipal election. 

"Statewide election" shall mean an election held 
throughout the state. 

"Voter" shall mean an elector who is registered in 
accordance with the provisions of the laws of the State of 
California. 



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ARTICLE XVII 
TRANSITION PROVISIONS 

17.100 Effective Date of Article 

This Article XVII shall take effect upon the 
filing of this Charter with the Secretary of State of the 
State of California. This Article shall remain in effect 
until the last act required to be done in this Article has 
been completed. 

17.101 Effective Date of this Charter; Effect 

on Charter of 1932; Initiative Ordinances 

This Charter shall be effective, and shall super- 
sede the Charter of 1932, as recodified in 1971, and as 
amended (hereinafter referred to in this Article XVII as the 
"Charter of 1932"), upon filing of this Charter with the 
Secretary of State of the State of California. 

The following Sections of the Charter of 1932 
shall be deemed enacted into ordinance on the effective date 
of this Charter; provided, however, that each such Section 
deemed so enacted shall terminate three years from the 
effective date of this Charter unless such Sections are fur- 
ther reenacted into ordinance: 



2.100 


3.539 


3.640-3.643 


2.203 


3.540 


3.691-3.694 


2.203-3 


3.541 


6.207 


3.201 


3.542 


6.301-6.304 


3.301 


3.543 


6.306-6.310 


3.302 


3.544 


6.312 


3.303 


3.545 


6.313 


3.402 


3.546 


6.400-6.403 


3.501 


3.551 


6.406-6.408 


3.523 


3.552 


7.100-7.104 


3.529 


3.560 


7.200-7.206 


3.531 


3.570 


7.302-7.308 


3.533 


3.571 


7.400-7.405 


3.534 


3.572 


7.600-7.606 


3.535 


3.573 


7.701-7.703 


3.536 


3.590-3.599 


9.113-9.115 


3.537 


3.601 




3.538 


3.621-3.624 





Initiative ordinances shall not be published as 
part of this Charter, in an appendix or otherwise, but shall 



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be published as provided in this Charter for other 
ordinances, and shall be included in any codification of 
ordinances as provided in this Charter. 

17.102 Effect of Enactment on Existing Law 

To the extent the provisions of this Charter, or 
provisions of the Charter of 1932, in effect immediately 
before the effective date of this Charter, or the provisions 
of the Charter of 1932 transferred by enactment of this 
Charter to ordinance, are the same in terms or in effect as 
provisions of law enforced when this Charter takes effect, 
they shall be construed and applied as a continuation of 
those provisions. 

All provisions of law relating to or affecting the 
City and County in force when this Charter takes effect are 
hereby repealed and superseded only to the extent they are 
inconsistent with the provisions of this Charter. 

17.103 Obligations of Contract Not Impaired 

All rights, claims, actions, orders, obligations, 
proceedings and contracts existing on the effective date of 
this Charter shall not be affected by the adoption of this 
Charter, except that where functions, powers and duties have 
been reassigned, the office, agency or department to which 
the assignment is made shall have charge of the matter. 

17.104 Transfer of Functions, Powers and Duties 

On the effective date of this Charter, all 
offices, agencies and departments of the City and County 
then in existence under the Charter of 1932 shall continue 
to perform their functions, exercise their authority and 
fulfill their responsibilities, as they existed immediately 
before this Charter's taking effect, subject to the provi- 
sions of this Article. Not later than 90 days after the 
effective date of this Charter, each such office, agency and 
department for which this Charter does not provide shall 
cease to exist, and its functions, powers and duties shall 
be transferred to the appropriate governmental unit created 
by this Charter or under the authority of this Charter. The 
board of supervisors and the mayor shall take all action 
necessary to provide for the orderly transfer of functions, 
authority and responsibility on or before the date of such 
transfer. 



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All property, records and equipment related to the 
exercise of those functions, powers and duties which are 
reassigned by the terms or under the authority of this 
Charter shall be transferred to the office, agency or 
department to which the assignment is made. 

17.105 Changes in Offices and Positions 

Within 90 days after the effective date of this 
Charter, the mayor shall appoint the director of administra- 
tion, the director of management and budget and the con- 
troller. The board of supervisors shall act on the mayor's 
appointment of the controller within 15 days after the 
mayor's submission of that appointment to the board of 
supervisors for confirmation. 

The office of chief administrative officer shall 
be abolished on the effective date of this Charter. The 
incumbent in the office on the effective date, shall be 
entitled to retire on that date as if he had reached the age 
of compulsory retirement. 

All functions, activities and affairs of the City 
and County placed under the direction of the chief adminis- 
trative officer by the Charter of 1932 shall be the respon- 
sibility of the director of administration, except for those 
expressly assigned to other officers by this Charter. 

17.105 Changes in the Term and Nature of 
Boards and Commissions 

Those members of boards and commissions incumbent 
on the effective date of this Charter shall continue to hold 
office until the expiration of their respective terms, as 
prescribed by this Charter. In furtherance of this Section, 
in cases where boards and commissions are appointed for 
staggered terms and divided into groups, the mayor shall 
designate which incumbent members shall belong to Group I, 
II, III and IV, respectively. 

Within 90 days after the effective date of this 
Charter, the mayor shall appoint sufficient members to 
boards and commissions to fill all vacancies which then 
exist because the number of members has been increased by 
this Charter. Newly appointed members shall meet the quali- 
fications required by this Charter. The mayor shall make 
such appointments for terms of such lengths that the provi- 
sions for length of terms contained in this Charter shall be 
fulfilled at the earliest practicable time. 



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Tne initial members of the fine arts museum 
commission shall be those trustees of the fine arts museums 
incumbent on the effective date of this Charter, except for 
the mayor and the president of the recreation and parks com- 
mission, whose terms shall end on that date. The remaining 
members shall nominate six persons to the mayor whose suc- 
cessors, after their terms expire, shall be appointed by the 
mayor as provided in this Charter. 

17.107 Official Fidelity Bonds 

The board of supervisors shall determine the ini- 
tial fidelity bond requirements under this Charter within 90 
days after the effective date of this Charter. Until the 
board of supervisors determines such requirements for offi- 
cials of the City and County, the bonds existing on the 
effective date of this Charter shall be maintained. 

17.108 Transportation and Municipal Utilities 

The mayor and the board of supervisors shall 
authorize a study of the public utilities commission and the 
department of public works. This study shall state whether 
the transportation and utility functions performed under 
that commission's jurisdiction and by that department would 
be performed to the greater benefit of the citizens of the 
City and County by reassigning those functions to depart- 
ments known as the department of transportation and the 
department of municipal utilities. Should the study so 
recommend, the mayor and the board of supervisors may create 
such departments and reassign such functions to those 
departments. A commission of five members, subject in all 
respects to the provisions for commissions of this Charter, 
shall be created for each department. Until such depart- 
ments are created and such functions reassigned, the depart- 
ment of public works shall remain under the direction and 
control of the administrative officer. 

17.109 Rules, Regulations and Administrative Code 

Each officer, department, agency, board and com- 
mission responsible for rules and regulations of the City 
and County under this Charter shall, within 90 days of the 
effective date of this Charter, review all rules and regula- 
tions for which it is responsible and amend and adopt rules 
and regulations consistent with this Charter. An adminis- 
trative code shall be enacted and printed to contain such 
ruLis and regulations within six months after the effective 
dat<; of this Charter. 



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17.110 Protection of Incumbents 

The changes in and transfers of functions, powers 
and duties which occur at the time this Charter takes effect 
shall not affect or impair the rights or privileges of offi- 
cers or employees of the City and County relating to 
appointment, rank, grade, compensation, tenure of office, 
promotion, discipline, removal, pensions and retirement, 
except as provided in this Charter and in no event shall 
such civil service rights to compensation and continued 
civil service status be impaired or reduced. 

Whenever a position previously within the classi- 
fied municipal civil service is, pursuant to this Charter, 
designated exempt from the civil service provisions of this 
Charter, the individual incumbent in such position at the 
time this Charter takes effect shall be transferred to that 
position, but his or her civil service rights to compensa- 
tion and continued civil service status shall not be 
impaired or reduced. 

If by the terms of this Charter, or action taken 
by authority of this Charter: 

1. All or substantially all of the duties of any 
position exempt from the civil service provisions of the 
Charter of 1932 are transferred to another office, agency, 
or department, that position shall be transferred to that 
office, agency or department and the person holding the 
position on the effective date of this Charter shall con- 
tinue to hold the position and perform the duties in that 
other office, agency, or department subject to the provi- 
sions of this Charter; 

2. The transfer of functions, powers or duties to 
offices, agencies and departments results in the modifica- 
tion or discontinuance of the duties of any position exempt 
from the civil service provisions of the Charter of 1932, 
the person holding that position on the effective date of 
this Charter shall be appointed to that position the duties 
of which, in the judgment of the mayor, are most nearly com- 
parable to the duties previously being performed, and shall 
hold that position and perform the functions and duties of 
the position subject to the provisions of this Charter; 

3. All or substantially all of the duties of any 

civil service position are transferred to another office, 

agency or department, that position shall be transferred to 

thc.t office, agency or department and the person holding the 



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position on the effective date of this Charter shall 
continue to hold the position and perform the duties in that 
other office, agency or department subject to all the rights 
and privileges provided by the civil service provisions of 
this Charter; and 

4. The transfer of functions, powers or duties to 
offices, agencies and departments results in the modifica- 
tion or discontinuance of the duties of any civil service 
position, the person holding that position on the effective 
date cf this Charter shall be transferred and appointed to, 
and shall be deemed qualified for, a new or reclassified 
position the duties of which are most nearly comparable to 
the duties previously being performed, without examination 
or further compliance with any civil service regulations 
governing transfers or appointments and without reduction of 
salary or loss of pay. 

17.111 Provisions Affecting Personnel and 
the Employment Relationship 

Within 90 days after the effective date of this 
Charter, the board of supervisors and the mayor shall take 
the necessary actions, including adequate appropriations and 
reassignment of personnel from other departments of the City 
and County, to establish and staff the personnel department 
and the employee relations office and to designate the chief 
labor negotiator for the City and County, as provided for by 
this Charter. 

The employee relations office and the chief labor 
negotiator shall assume and carry out their responsibilities 
and exercise their authority under this Charter from and 
after the completion of the action required by the preceding 
paragraph, and shall conduct the annual salary surveys 
required by Appendix A of this Charter for the fiscal year 
ending June 30, 1982, and negotiate memoranda of under- 
standing with recognized employee organizations, for the 
fiscal year ending June 30, 1983. Until that time, 
authority and responsibility for the compensation of 
employees of the City and County shall continue as if the 
Charter of 1932 were still in effect. 

The personnel department shall begin its opera- 
tions and the performance of its assigned functions not 
later than six months after the effective date of this 
Charter. 



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17.112 Civil Service Rules 

The civil service commission shall adopt or reject 
civil service rules concerning recruitment, selection and 
appointment, so that they are consistent with this Charter, 
within six months after the personnel department begins its 
operations. The personnel director shall recommend such 
amendments to the civil service commission within three 
months after the personnel department begins its operations. 
All current rules and regulations shall remain in effect 
until superseded. 

17.113 Civil Service Examinations 

Examinations for civil service appointment, and 
protests of those examinations, shall be governed by and 
administered under the provisions of the Charter of 1932, 
and ordinances, rules and regulations adopted under the 
Charter of 1932, for one year after the effective date of 
this Charter, except that the personnel department shall 
have charge of such examinations when it begins operations. 
Thereafter, examinations for civil service appointment shall 
be governed by this Charter and the rules and regulations 
adopted under this Charter, such rules and regulations to be 
adopted to become effective not later than one year after 
the effective date of this Charter. 

17.114 Exempt Positions 

The board of supervisors and the mayor, through 
the budget for the fiscal year ending June 30, 1982, shall 
designate the positions exempt form civil service, within 
the categories provided in Article X of this Charter. 

17.115 Temporary, Limited-Tenure and 
Provisional Appointments 

The employment of all temporary, limited-tenure 
and provisional employees, appointed under the Charter of 
1932, whose appointment does not meet the provisoins of this 
Charter, shall be terminated within five years of the effec- 
tive date of this Charter at the rate of 15% or more in each 
of the first two years; thereafter, in accordance with the 
rules and regulations governing layoffs, except that such 
temporary, limited-tenure and provisional employees may 
que lify for certification as eligibles under rules and regu- 
lations expressly authorized by ordinance. Such ordinance 
ma} establish special credit for civil service examinations 
foi years of service or, through other methods, recognize 



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the service of such employees who have held such employment 
for more than six months at the effective date of this 
Charter. 



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Article I - Commission Draft of July 21, 1980 - iw 

PROPOSED CHARTER »T. 

of the ) 8 19 

City and County of San Francisco 

TABLE OF CONTENTS 

Page 

Preamble - 102 

Declaration of Rights and Principles - 102 

Article I - Existence and Powers of the City 

and County 103 

Article II - Legislative Branch 201 

Article III - Executive Branch - Office of the Mayor 301 

Article IV - Executive Branch - Boards, Commissions 

and Departments 401 

Article V - Executive Branch - Arts and Culture . . 501 

Article VI - Other Elective Officers 601 

Article VII - Judicial Branch 701 

Article VIII - Education and Libraries 801 

Article IX - Financial Provisions 901 

Article X - Personnel Administration 1001 

Article XI - Employer-Employee Relations System . . 1101 

Article XII - Employee Retirement and Health 

Service Systems 1201 

Article X I i I - Elections 1301 

Article XIV - Initiative, Referendum and Recall . . . 1401 

Article XV - Miscellaneous Provisions 1501 

Article XVI - Definitions 1501 

Article XVII - Transition Provisions 1701 

Appendix A - A 



101 



Article 1 - Commission Draft of July 21, 1980 - iw 



PREAMBLE 

We the people of San Francisco, in order to obtain the full 
benefit of home rule granted by the Constitution of the State of 
California, do ordain and establish this Charter as the fundamental law for 
the government of our City. 



DECLARATION OF RIGHTS AND PRINCIPLES 

The government of San Francisco exists to serve the people, and 
it shall strive to safeguard the following rights of the people: 

The right to liberty, privacy, due process of law, and equal 
protection of the laws. 

The right of public assembly and freedom of speech. 

The right to be secure in their persons and property. 

The right to participate in the conduct of public affairs, to 
seek redress of grievances, and make suggestions for the improvement of the 
government of San Francisco. 

The right to reasonable access to public records, files, and 
documents. 

The right to humane treatment in all cases of confinement or 
other penalty imposed by public authority. 

The right to equality under the law which shall not be denied or 
abridged on account of race, creed, national origin, age, disability, sex, 
sexual orientation, or marital status. 

The government of San Francisco shall promote: 

Decent, safe, and affordable housing. 

Excellence in education. 

Employment opportunities for citizens. 

A safe, clean, and attractive environment. 

Adequate mental and physical health care. 

Sufficient public transportation. 

Necessary recreational facilities. 

Appropriate cultural development and enrichment activities. 



102 



ARTICLE I 
EXISTENCE AND POWERS OF THE CITY AND COUNTY 

1.100 Name and Boundaries 

The City and County of San Francisco shall con- 
tinue as a municipal corporation and as a county with such 
boundaries as are prescribed by law. 

1.101 Rights and Powers 

The City and County shall have all rights and 
powers of a charter city and county under the Constitution 
and laws of the State of California. 

All rights and powers of a city and county which 
are not specified in this Charter may be exercised by ordi- 
nances or resolutions as prescribed by this Charter. 

1.102 Construction 

The rights and powers of the City and County unde] 
this Charter shall be construed liberally in favor of the 
City and County. The reference to any particular power in 
this Charter shall not be construed as in any way limiting 
the general powers of the City and County. 

1.103 Intergovernmental Relations 

The City and County may participate in inter- 
governmental activites. 



Article 2 - Commission Draft of July 21, 1980 - iw 

ARTICLE II 
LEGISLATIVE BRANCH 

2.100 Composition 

The board of supervisors shall consist of 11 members elected in 
the manner that is in effect on December 31, 1930 in accordance with the 
provisions of Sections 17.118 or 17.119. 

2.101 [ Reserved for Method of Selection ] 

2.102 [ Reserved for Term of Office ] 

2.103 Vacancies 

If a vacancy shall exist on the board of supervisors because of 
the death, resignation, permanent disability or the inability of a member 
to otherwise carry out the responsibilities of the office, the mayor shall 
appoint a qualified successor. Such appointee shall serve until the next 
general municipal or statewide election, at which time an election shall be 
held to fill the unexpired term. 

2.104 Meetings 

The board of supervisors shall meet at the legislative chamber in 
City Hall at 12:00 noon on the second Monday in January in each even- 
numbered year. Thereafter, regular meetings shall be held on such dates 
and at such times as shall be fixed by ordinance. 

Notice of any meeting at a place other than the legislative 
chamber in City Hall shall be published at least 24 hours in advance of 
such meeting. In case of an emergency affecting the safety of any meeting 
place, the president of the board of supervisors may designate an 
appropriate location as the board's temporary meeting place. 

2.105 Quorum 

The presence of a majority of the members of the board of 
supervisors at a regular or special meeting shall constitute a quorum for 
the transaction of business. In the absence of a quorum, a smaller number 
of members may compel the attendance of absent members in the manner and 
subject to the penalties provided by ordinance. 

2.106 Calendar of Agenda Items 

A written agenda clearly and concisely describing each item of 
business to be considered at a regular or special meeting of the board of 
supervisors or any of its committees shall be made available to the public 
prior to the commencement of such meeting. In the case of the board of 
supervisors, such agenda, together with a statement of the time and place 



201 



Article 2 - Commission Draft of July 21, 1980 - iw 

at which copies of proposed ordinances and resolutions may be obtained, 
shall be published at least one business day before each regular meeting 
and each special meeting of the board of supervisors. 

2.107 Ordinances and Resolutions 

The board of supervisors shall meet and transact its business 
according to rules which it shall adopt. 

The board of supervisors shall act only by written ordinance or 
resolution, except that in procedural or parliamentary matters the board of 
supervisors may act by motion. An ordinance or resolution may be 
introduced before the board of supervisors by a member of the board, a 
committee of the board or the mayor, and shall be referred to and reported 
upon by an appropriate committee of the board. An ordinance or resolution 
may be prepared in committee and reported out to the full board for action. 
Except as otherwise provided in this Charter, passage of an ordinance or a 
resolution shall require the affirmative vote of a majority of the members 
of the board at each reading. 

An ordinance shall deal with only one subject matter, except that 
appropriations ordinances may cover appropriation with respect to any 
number of subjects. The title of each ordinance shall clearly reflect the 
content of the ordinance. 

Except as otherwise provided in this Section 2.107 and in Section 
2.109 passage of an ordinance shall require two readings at separate 
meetings of the board, which shall be held at least five days apart. If an 
ordinance is amended at its second reading, the ordinance shall require a 
further reading prior to any vote upon the matter. Resolutions shall 
require only one reading and, by unanimous affirmative vote of the members 
of the board who are present, but in no event less than a quorum, may be 
adopted upon introduction without reference to committee. 

All ordinances, other than emergency ordinances, shall take 
effect on the date specified therein, but not earlier than 30 days 
following the date of passage unless passed by a vote of two thirds of the 
board. Resolutions may take effect immediately upon passage, or at such 
other time as shall be specified in the resolutions. No ordinance 
granting a franchise may be passed within 90 days of its introduction. 

2.108 Veto Override 

The board of supervisors may enact an ordinance which has been 
vetoed by the mayor pursuant to Section 3.103 if, within 30 days after such 
veto, not less than two-thirds of the board of supervisors shall vote in 
favor of such ordinance, except as provided in section 9.104. 

2.109 Emergency Ordinances 

An emergency ordinance may be passed in cases of public emergency 
affecting life, health or property. The affirmative vote of two thirds of 
the board of supervisors shall be required for the passage of an emergency 
ordinance. The form and manner of introduction of an emergency ordinance 
shall be as required for ordinances generally, and in addition an emergency 

202 



Article 2 - Commission Draft of July 21, 1980 - iw 

ordinance shall contain: 1) a declaration setting forth the existence of 
the emergency; 2) a clear and concise description thereof; and 3) an 
explanation of how the measures in the ordinance will address the 
emergency. 

An emergency ordinance shall be effective upon passage and shall 
automatically terminate on the 61st day following passage. An emergency 
ordinance may be reenacted upon the same terms and conditions applicable to 
its initial enactment. 

No emergency ordinance may levy taxes, grant, renew or extend a 
franchise, regulate the rate charged by any public utility for its 
services, set salaries, issue bonds, or buy, sell or lease land. 

2.110 Records of Proceedings 

The clerk of the board of supervisors shall keep a permanent 
public record of the proceedings of the board showing all action considered 
and taken, the text of ordinances and resolutions voted upon and the vote 
of each member of the board regarding any matter before the board. The 
clerk of the board shall cause the text of all ordinances or resolutions 
passed by the board to be readily available to the public. 

2.111 Rates, Fees and Similar Charges 

The board of supervisors may review and reject any rate, fee, or 
similar charge set by any department, board, or commission as provided for 
in Section 4.101 of this Charter, except the port commission, or by the 
administrative officer or any official responsible to the administrative 
officer, and may prescribe by ordinance the rates, fees, and similar 
charges subject to its review. 

No rate, fee, or similar charge determined by the board of 
supervisors to be subject to its review shall take effect for 30 days 
following adoption by the department, board, commission or official having 
responsibility for such 

rate, fee, or similar charge. Unless rejected by the board of supervisors 
within 30 days following its adoption, such rate, fee, or similar charge 
shall be deemed approved. 

With regard to rates for refuse collection and disposal, any 
proposal for an increase, decrease, or other modification of such rates 
shall be submitted to a rate board, consisting of the administrative 
officer, who shall act as chair, the controller, and the g^reral manager of 
public utilities, or their deputies. Such proposal for modification of 
rates shall be referred to the administrative officer who shall, within 30 
days and after public notice, hold a public hearing regarding the proposed 
modification. 

The administrative officer shall publish and file with the clerk 
of the board of supervisors, a report and recommendation to the rate board 
within 90 days of the referral of such matter. The recommendation of the 
administrative officer shall be deemed approved by the rate board if no 
objections are filed with the administrative officer within 15 days of the 
publ ication thereof. 



203 



Article 2 - Commission Draft of July 21, 1980 - iw 



If objections are filed with the administrative officer within 15 
days of the puolication of the administrative officer's recommendation, the 
rate board shall, within 30 days and after public notice, hold a Dublic 
hearing and suDsequently grant or deny the proposed rate of modification in 
whole or in part. Failure of the rate board to render a decision within 50 
days of receipt of the report and recommendation of the administrative 
officer shall be deemed approval of the rates recommended therein. 

The above procedures for the setting of rates for the collection 
and disposal of refuse shall in no way limit the power of the board of 
supervisors to review and reject such rates as provided in this Section 
2.111, above. 



2.112 Sale or Lease of Real Property 

Any lease of real property for a period of ten or more years 
under which the City and County is a lessor, and any sale of real property 
owned by the City and County, shall be approved by resolution of the board 
of supervisors, prior to such lease or sale. Leases of property under the 
jurisdiction of the port commission for maritime use shall be exempt from 
the requirements of this Section. 

2.113 Fidelity Bonds 

The board of supervisors shall, by resolution, determine which 
officials of the City and County shall be required to post fidelity bonds 
and the respective amounts of any such bonds. An annual review of bonding 
requirements shall be conducted by the board of supervisors. 

2.114 Hearings, Inquiries and Investigations 

The board of supervisors may require such periodic or special 
reports of departmental costs, operation and expenditures, examine the 
books, papers, records and accounts of, and inquire into matters affecting 
the conduct of any department or office of the City and County, and for 
that purpose may hold hearings, administer oaths, and subpoena witnesses 
and books, papers, and other evidence. It shall be the duty of the chief 
of pol ice to designate a pol ice officer to serve subpoenas. Any person 
refusing to comply with actions of the board of supervisors taken pursuant 
to this Section 2.114 shall be deemed in contempt and subject to 
proceedings and penalties as provided by law. 

By resolution the board of supervisors may delegate its powers 
under this Section 2.114 to a duly constituted committee of the board or to 
a board or commission of the City and County. 

2.115 Declaration of Policy 

The board of supervisors may submit a declaration of policy to a 
vote of the people in the same manner as required by Article XIV for an 
initiative or referendum. Upon approval by a majority of the votes cast 
with respect to the declaration, the board of supervisors shall within 90 
days of such approval take such actions within their powers as shall be 

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Article 2 - Commission Draft of July 21, 1980 - iw 

necessary to carry such declarations of policy into effect. 

A special municipal election shall not be called with respect to 
a declaration of policy. 

2.116 Non-interference in Administration 

Except for purposes of hearings, inquiries and investigations, 
the board of supervisors, its committees and members shall deal with 
administrative matters of the City and County for which elective officials 
are responsible, solely through the official concerned. Neither the board 
of supervisors, its committees nor any of its members shall have any power 
or authority with respect to any appointment, promotion, compensation, 
disciplinary action, contract, requisition for purchase, or other 
administrative recommendation or action of department heads or other 
appointed officers under elective officials. The board of supervisors 
shall deal with administrative matters of the City and County only in the 
manner prescribed by this Charter, and any violation of this prohibition 
shall constitute official misconduct. Notwithstanding this Section 2.116 , 
a member of the board of supervisors may comment on administrative matters 
at a public meeting or through a letter, with a copy of such letter filed 
with the clerk of the board of supervisors, and made available for public 
inspection. 

2.117 Financial Audit 

The board of supervisors shall, by resolution, select a firm or 
firms of independent accountants to audit and report upon the annual 
financial statements of the City and County. 

2.118 Legislative Analyst 

The board of supervisors shall, by resolution, appoint a 
legislative analyst who shall be responsible for such matters as the board 
may prescribe, including a review of the operations, management and 
expenditures of the City and County. 

2.119 President of the Board 

At its regular meeting on the second Monday in January in even- 
numbered years, the board of supervisors shall elect one of its members 
president for a two-year term. If a vacancy in the office of president of 
the board of supervisors shall occur prior to the end of the term, the 
board of supervisors shall elect one of its members to fill the unexpired 
portion of the term. The president shall preside at all meetings, appoint 
all standing and special committees, assign legislation to committees and 
have such other powers and duties as may be assigned by the board of 
supervisors. 

2.120 Staff to the Board 

The board of supervisors shall have the power to appoint a staff 
adequate to enable the board, its committees and members to perform their 
duties and carry out their responsibilities under this Charter. 



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The board of supervisors shall appoint a clerk of the board who 
shall have charge of the office and records of the board and its committees 
and its staff. The clerk shall keep a public record of the proceedings of 
the board as provided by Section 2.110 of this Charter and shall keep 
properly indexed files of all ordinances and resolutions. The clerk of the 
board shall be responsible for the publication, as required by law, of 
ordinances, resolutions and other matters acted on by the board for which 
publication is specified. The clerk of the board shall have such other 
duties and responsibilities as the board may prescribe. 

2.121 Compensation 

Within a balanced budget, the board of supervisors shall 
establish by ordinance the salaries of all elected officials of the City 
and County. The salary of each such elected official shall be consistent 
with the responsibilities of the office. Salaries established by tne board 
of supervisors for its members shall not take effect until approved by a 
majority of the voters at the next succeeding general municipal or 
statewide election. 



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ARTICLE III 

EXECUTIVE BRANCH - OFFICE OF THE MAYOR 

3.100 Powers and Responsibilities 

The mayor shall be the chief executive officer and the official 
representative of the City and County, and shall serve full time in that 
capacity. The mayor shall enforce all laws relating to the City and 
County. 

The mayor shall have responsibility for: 

1. Coordination of administration of all departments of the City 
and County, 

2. Coordination of all intergovernmental activities of the City 
and County, and nomination and, upon confirmations by the board of 
supervisors, appointment of representatives of the City and County to 
intergovernmental bodies. 

3. Receipt and examination of complaints relating to the 
administration of the affairs of the City and County, and immediate 
delivery of findings and actions taken to the complainant; 

4. Assurance that appointees to various governmental positions 
with the City and County &re qualified and are as representative of the 
communities of interest and diverse population of the City and County as is 
reasonably practicable, and shall have representation of both sexes; 

5. Submission of ordinances and resolutions by the executive 
branch for consideration by the board of supervisors; and 

6. Presentation before the board of supervisors of a policies 
and priorities statement setting forth the mayor's policies and budget 
priorities for the City and County for the ensuing fiscal year; 

7. Introduction before the board of supervisors of the annual 
proposed budget for the City and County; 

8. Such other matters as are provided by this Charter or law for 
the chief executive officer of a city and county. 

The mayor shall have the power to: 

1. Speak and be heard with respect to any matter at any meeting 
of the board of supervisors or any of its committees; 

2. Veto any proposed ordinance or resolution as provided in 
Section 3.103 of this Charter; 

3. Appoint one or more deputy mayors and such other staff as may 
be needed to perform the duties and carry out the responsibilities of the 

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mayor's office; 

4. Designate a member of the board of supervisors to act as 
mayor in the mayor's absence; 

5. In the event of a puolic emergency affecting life, health or 
property, marshal all the forces of the City and County for the maintenance 
of life, health or property; provided, however, that no action taken under 
this provision shall remain in effect for more than five days unless 
adopted as an emergency ordinance in accordance with Section 2.109 of this 
Charter; 

6. Make an appointment to fill any vacancy in an elective 
office of the City and County until a successor shall have been elected ; 
and 

7. Have and exercise such other powers as are provided by this 
Charter or by law for the chief executive officer of a city and county. 

3.101 Term of Office 

The mayor shall serve a four-year term. No person shall serve as 
mayor for more than two consecutive terms. A part of a term that exceeds 
two years shall count as a full term. There shall be no limit on the non- 
successive terms that a person may serve. 

3.102 Vacancies 

If the mayor should be temporarily disabled, the president of the 
board of supervisors shall act as mayor until such time as the mayor shall 
return to office. 

If the office of mayor should become vacant because of death, 
resignation, permanent disability or the inability to carry out the 
responsibilities of the office, a mayoral election shall be held at the 
next general municipal or state general election to fill the balance of the 
mayor's unexpired term. Until a new mayor is elected, the president of the 
board of supervisors shall become mayor and cease to be a member of the 
board of supervisors. 

3.103 Veto Power 

Any ordinance or resolution passed by the board of supervisors 
shall be promptly delivered to the mayor for consideration. If the mayor 
approves the ordinance or resolution, the mayor shall sign it and it shall 
become effective as provided in Section 2.107 of this Charter. If the 
mayor disapproves, the mayor shall promptly return the ordinance or 
resolution to the board of supervisors without the mayor's signature, 
accompanied by a statement indicating the reasons for disapproval and any 
recommendations which the mayor may have. Any ordinance or resolution so 
disapproved by the mayor shall become effective only if, subsequent to its 
return, it shall be passed by a vote of the board of supervisors required 
by Section 2.108 of this Charter. Any ordinance or resolution shall become 
effective, with or without the mayor's signature, unless it is disapproved 
by the mayor and returned to the board of supervisors not more than ten 

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days after the date the ordinance or resolution was delivered to the 
mayor's office for consideration. 

3.104 Administrative Officer 

The mayor shall appoint an administrative officer. The term of 
office of the administrative officer shall be concurrent with that of the 
mayor, and the officer may be reappointed by the mayor. The administrative 
officer may be removed by the mayor with the concurrence of a majority of 
the board of supervisors. The administrative officer shall be qualified to 
perform the duties of the office. 

The administrative officer shall be responsible for 
administrative services within the executive branch as assigned by the 
mayor. The administrative officer shall have specific responsibility for 
administering policies and procedures regarding procurement, contracts, and 
permits, and for assuring that all contracts and permits are issued in a 
fair and impartial manner and that any inspections involved with the 
issuances of permits shall be carried out in a like manner. The 
administrative officer shall propose rules and regulations with respect to 
procurement and contracts to the board of supervisors for consideration. 

3.105 Deputy Mayor for Management and Budget 

The mayor shall appoint and may remove a deputy mayor for 
management and budget, who shall be responsible for the preparation of the 
annual budget; financial and operational planning; organization, program, 
and management analysis; and review and coordination of planning of the 
executive departments of the City and County. The deputy mayor for 
management and budget shall be qualified to perform the duties of the 
office. 

3.106 Controller 

The mayor shall appoint a controller for a six-year term, subject 
to confirmation by the board of supervisors. The controller may be removed 
by the mayor, with the concurrence of a majority of the board of 
supervisors. The controller shall be qualified to perform the duties of 
the office. 

The controller shall be responsible for the timely accounting, 
disbursement or other disposition of monies of the City and County in 
accordance with sound financial practices applicable to municipalities and 
counties. Only the controller may disburse City and County funds. 

Should the controller determine at any time during the fiscal 
year that the revenues of the general fund, or special, sequestered or 
other fund are insufficient or appear to be insufficient to support the 
remaining anticipated expenditure from that fund for the fiscal year for 
any department, function or program, the controller shall reduce or reserve 
all or a portion of the expenditure appropriation until such time as the 
controller determines that the anticipated revenues for the remainder of 
that fiscal year are sufficient to support the level of expenditure 
anticipated for the remainder of the fiscal year. Whenever the controller 
makes a reduction or reservation, the controller shall so inform the mayor 

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and board of supervisors within 24 hours. 

The controller shall establish accounting records, procedures and 
internal controls with respect to all financial transactions of the City 
and County. Such records, procedures, and controls shall permit the 
financial statements of the City and County to be prepared in conformity 
with generally accepted accounting principles applicable to municipalities 
and counties. 

The controller shall within 120 days of the end of each fiscal 
year prepare an annual report of the financial condition of the City and 
County. Such annual report shall be prepared in accordance with generally 
accepted accounting principles. The annual report shall contain such 
information and disclosures as shall be necessary to present to the public 
a full and understandable report of all City and County financial activity. 

The controller shall issue a financial impact statement with 
respect to each City and County measure included on a ballot. Such 
statement shall be issued in sufficient time to permit inclusion in the 
voters' pamphlet. 

The controller shall issue from time to time such periodic or 
special financial reports as may be requested by the mayor or board of 
superv isors . 



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ARTICLE IV 
EXECUTIVE BRANCH - BOARDS, COMMISSIONS AND DEPARTMENTS 

4.100 General 

In addition to the office of the mayor, the executive branch of 
the City and County shall be composed of boards, commissions, departments 
and other units of government. 

4.101 Boards and Commissions - General Provisions 

Unless otherwise provided in this Charter, each board and 
commission of the executive branch of the City and County shall: 

1. Adopt rules and regulations consistent with this Charter and 
ordinances of the City and County. No rule or regulation shall be adopted, 
amended or repealed, without a prior public hearing for which at least two 
weeks' public notice shall have been given. All such rules and regulations 
shall be filed with the clerk of the board of supervisors; 

2. Hold meetings open to the public and encourage the 
participation of interested citizens. Except for the actions taken at 
executive sessions, any action taken at other than a public meeting of any 
board or commission shall be void. Executive sessions closed to the public 
may be held: 

(a) to consider the appointment, employment or dismissal of a 
public officer or employee, except when a public officer or employee being 
considered for dismissal requests a public hearing; 

(b) to confer with legal counsel under circumstances in which 
the lawyer-client privilege may be invoked; and 

(c) to confer with the attorney general, district attorney, 
sheriff or chief of police, or their respective deputies, on matters posing 
a threat to the security of public buildings or a threat to the public's 
right of access to public services or public facilities. 

3. Propose for adoption rates, fees and similar charges with 
respect to appropriate items coming within their respective jurisdictions, 
and submit such proposals to the board of supervisors for approval or 
rejection as provided in Section 2.111 of this Charter; 

4. Formulate, evaluate and approve goals, objectives, plans and 
programs and set policies consistent with the overall objectives of the 
City and County as determined by the mayor and the board of supervisors. 

5. Review and approve the applicable departmental budgets prior 
to submission to the mayor, and any modifications thereto or fund transfers 
requiring the approval of the board of supervisors; 

6. Conduct investigations into any aspect of departmental 

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operations through the power of inquiry, and make recommendations to the 
mayor or the board of supervisors; and 

7. Consist of electors at all times during the term of their 
respective offices. 

3. Exercise such other powers and duties as shall be prescribed 
by ordinance. 

A board or commission may retain temporary independent counsel 
for specific purposes, subject to the consent of the Mayor after 
consul ation with the city attorney. 

Meetings of boards and commissions shall be at such times and 
places as shall be prescribed by ordinance. The presence of a majority of 
the members of a board or commission shall constitute a quorum for the 
transaction of business by such board or commission. Unless otherwise 
required by this Charter, the affirmative vote of a majority of the members 
of a board or commission shall be required for the approval of any matter 
by such board or commission, except that the rules and regulations of a 
board or commission may provide that, with respect to matters of the board 
or commission may act by the affirmative vote of a majority of the members 
present, so long as the members present constitute a quorum. 

To the extent consistent with other provisions of this Charter, 
each board and commission shall provide in its rules and regulations that 
each member present at a regular or special meeting shall vote yes or no 
when a question is put, unless excused from voting by a motion adopted by a 
majority of the members present. 

Each board and commission shall keep a record of the proceedings 
of each regular or special meeting. Such record shall indicate how each 
member voted on each question. These records shall be available for public 
inspection. 

In furtherance of the discharge of its responsibilities, a board 
or commission may hold hearings and take testimony. 

The composition of each appointive board and commission shall be 
as representative of the communities of interest and diverse population in 
the City and County as is reasonably practicable, and shall consist of no 
more than a simple majority of one sex. 

In cases where this Article provides for the appointment of 
members of a board or commission for staggered terms, such board or 
commission shall be divided into categories I through IV, respectively. In 
cases of a board or commission with (i) five members, category I shall have 
two members, (ii) seven members, categories I, II and III shall have two 
members and (iii) 15 members, categories I, II and III shall have four 
members and category IV shall have three members. Otherwise, each Group 
shall have only one member. 

The terms of members in categories I, II III or IV shall end on 
the Sunday preceding the second Monday in January of 1982, 1983, 1984 and 
1935, respectively, and every four years thereafter. 

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No person shall serve as a commissioner or board member for more 
than two successive terms on the same commission or board. 

All commissioners and board members shall receive equal 
compensation per meeting for their services. The compensation of 
commissioners and board members shall be prescribed by ordinance. 

Vacancies on commissions and boards shall be filled for the 
balance of the unexpired term in the manner prescribed by this Charter or 
ordinance for initial appointments. 

No board or commission shall involve itself in the administration 
of any department within its jurisdiction, except through the individual 
having administrative responsibility for such department. 

4.102 Planning Commission 

General 

The planning commission shall consist of seven members appointed 
by the mayor for staggered four-year terms. Members may be removed by the 
mayor. 

The planning commission shall nominate a director of planning. 
The mayor shall appoint or reject the planning commission's nominee. The 
director of planning may be removed by the planning commission. The 
director of planning shall be chosen on the basis of administrative and 
technical qual ificiations, with special regard for experience, training and 
knowledge in the field of city planning. 

General Plan 

The planning commission shall adopt and periodically revise, 
after public hearing, a proposed general plan consisting of goals, policies 
and programs for the future physical development of the City and County 
that takes into consideration social, economic, and environmental factors. 
Before the proposed general plan or any revisions thereto shall become 
effective they shall be submitted to the board of supervisors for its 
approval or rejection. If the board of supervisors shall fail to act within 
90 days, the proposed general plan or amendments shall be deemed approved. 
The planning department shall periodically prepare special area, 
neighborhood and capital improvement plans designed to carry out the 
general plan, and periodically prepare implementation programs and 
schedules which link the general plan to the allocation of local, state and 
Federal resources. The planning department may make such other reports and 
recommendations to the mayor, board of supervisors and other offices and 
governmental units as it may deem necessary to secure understanding and a 
systematic effectuation of the general plan. 

In preparing any plans the planning department may include plans 
for systems and areas within the Bay Region which have a planning 
relationship with the city and county of San Francisco. 



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Referral of Certain Matters 

The following matters shall, prior to passage by the board of 
supervisors, be submitted for written report by the planning commission 
regarding conformity with the general plan: 

1. Proposed ordinances and resolutions concerning the 
acquisition of property by, or a change in the use or title of property 
owned by, the City and County, 

2. Subdivisions of land within the City and County; 

3. Projects for the construction or improvement of public 
buildings or structures within the City and County; 

4. Project plans for public and private housing, or publicly 
assisted private housing in the City and County; 

5. Redevelopment project plans within the City and County; and 

6. Such other matters as may be prescribed by ordinance. 

The planning commission shall disapprove any proposed action 
referred to it upon a finding that such action does not conform to the 
general plan. Such a finding may be reversed by a majority vote of the 
board of supervisors. 

All such reports and recommendations shall be issued in a manner 
and within a time period to be determined by ordinance. 

Permits and Licenses 

All permits and licenses dependent on, or affected by, the 
zoning, or other ordinances administered by the planning department shall 
be approved by the planning commission prior to issuance. The planning 
commission may delegate this approval function to the planning department. 

Enforcement 

The planning department shall administer and enforce the zoning 
and set-back ordinances. 

Zoning Amendments 

The planning commission may propose for consideration by the 
board of supervisors ordinances regulating or controlling the height, 
area, bulk, set-back, location, use or related aspects of any building, 
structure or land. An ordinance proposed by the board of supervisors 
concerning zoning shall be reviewed by the planning commission. 
Applications for the reclassification of property may be made by 
interested property owners or their authorized agents and must be reviewed 
by the planning commission. 

Notwithstanding the planning commission's disapproval of a 
proposal from the board of supervisors or the application of interested 



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property owners or their authorized agents, the board of supervisors may 
adopt the proposed ordinance; however, in the case of any proposal made by 
the application of interested property owners or their authorized agents, 
any such adoption shall be by a vote of not less than two-thirds of the 
board of supervisors. 

No application of interested property owners or their authorized 
agents proposing the same or substantially the same ordinance as that 
disapproved by the planning commission or by the board of supervisors shall 
be resubmitted to or reconsidered by the planning commission within a 
period of one year from the effective date of final action upon the earlier 
appl ication. 

Zoning Variances 

The director of planning shall be responsible for the 
determination of all zoning variances. The director shall have the power 
to grant only those variances that are consistent with the general purpose 
and the intent of the zoning ordinance. The power to grant variances shall 
be applied only when the strict and literal interpretation and enforcement 
of the zoning ordinance would result in practical difficulties, unnecessary 
hardships or where the results would be inconsistent with the general 
purpose of the zoning ordinance. Decisions of the director of planning 
regarding zoning variances may be appealed to the board of permit appeals. 

4.103 Board of Permit Appeals 

General 

The board of permit appeals shall consist of five members 
appointed by the mayor for staggered four-year terms. Members may be 
removed by the mayor for cause. 

The board of permit appeals shall appoint and may remove an 
executive secretary. 

The board of permit appeals shall hear and determine appeals with 
respect to any person who has been denied a permit or license, or whose 
permit or license has been suspended, revoked or withdrawn, or who believes 
that his or her interest or the public interest will be adversely affected 
by the grant, denial, suspension or revocation of a license or permit. 

After a hearing and any necessary investigation, the board of 
permit appeals may concur in the action of the department involved, or by 
the affirmative vote of four members (or if a vacancy exists, by a vote of 
three members) overrule the action of the department upon a determination 
that: 

1. The action was based upon an erroneous conclusion of law or 
understanding of a material fact; 

2. The action was based upon an administrative rule or 
regulation that is clearly unreasonable as applied to the matter under 
consideration; 



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3. The departmental action was an abuse of discretion in 
applying relevant legal standards; 

4. No standards to guide administrative action were provided; 

5. The applicant has detrimentally relied upon a permit 
improperly issued by the department involved; or 

6. The applicant has substantially complied with all legal 
requirements and has otherwise satisfied the purpose and intent of rules, 
regulations and ordinances and this Charter. 

Where the board of permit appeals exercises its authority to 
modify or overrule the action of a department, it shall state in summary 
its reasons in writing. 

Any variance from a strict application of the terms of an 
ordinance may be granted only to the extent and under the circumstances 
expressly permitted by this Charter and the relevant ordinance. 

Decisions of the board of permit appeals may be appealed to 
appropriate courts of law. Unless notice of an intent to appeal is filed 
with the board of permit appeals within thirty days of such decision and 
notice of appeal is filed with the court within the period of time 
established by law, such decisions shall conclusively determine the rights 
of the applicant and the City and County. 

4.104 Human Rights Commission 

General 

The human rights commission shall consist of 15 members appointed 
by the mayor for staggered four-year terms. Members may be removed for 
cause by the mayor. 

The human rights commission shall appoint and may remove a 
director. 

The human rights commission shall: 

1. Investigate complaints of unlawful discrimination against any 
person because of race, creed, national origin, age, disability, sex, 
sexual orientation or any additional categories of individuals which the 
board of supervisors may designate by ordinance; 

2. Ensure the civil rights of all citizens; 

3. Ensure that the affirmative action plans of each department 
of the City and County are current and are being properly implemented; and 
report on the implementation of such affirmative action plans to the mayor 
and board of supervisors; 

4. Promote understanding among the residents of the City and 
County and work cooperatively with governmental agencies, community groups 
and others to eliminate discrimination and the results of past 

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discrimination by furnishing information, guidance and technical 
assistance; 

5. Study, investigate, mediate and make recommendations with 
respect to the solving of community-wide problems resulting in intergroup 
tensions and discrimination; 

6. Implement the provisions of ordinances prohibiting 
discrimination in all contracts and subsequent subcontracts, franchises, 
leases, concessions or other agreements for or on behalf of the City and 
County involving personal property or the lease, rental, or other use of 
real property and improvements of the City and County;and 

7. Issue such rules and regulations for the conduct of its 
business, and prepare such ordinances with respect to human rights for 
consideration by the board of supervisors as are necessary to carry out the 
purposes of this Section 4.104. 

In furtherance of its responsibilities set forth above, the human 
rights commission may hold hearings, issue subpoenas to require witnesses 
to appear and require the production of evidence, administer oaths, take 
testimony, and issue appropriate orders and petitions for court orders in 
such manner as may be prescribed by law. 

4.105 Fire Commission 

The fire commission shall consist of five members appointed by 
the mayor for staggered four-year terms. Members may be removed by the 
mayor. 

The fire commission shall nominate a fire chief. The mayor shall 
appoint or reject the commission's nominee. The fire chief may be removed 
by the fire commission. 

The fire commission shall act as a review body to investigate and 
decide disputed actions of the fire department or any of its members, by 
having the power to issue subpoenas to require witnesses to appear and 
require the production of evidence, administer oaths, and take testimony. 
The commission may hire investigators to fulfill this duty. 

4.106 Police Commission 

The police commission shall consist of five members appointed by 
the mayor for staggered four-year terms. Members may be removed by the 
mayor. 

The police commission shall nominate a chief of police. The 
mayor shall appoint or reject the commission's nominee. The chief of police 
may be removed by the police commission. 

The police commission shall act as a review body to investigate 
and decide disputed actions of the police department or any of its members, 
by having the power to issue subpoenas to require witnesses to appear and 
require the production of evidence, administer oaths and take testimony. 
The commission may hire investigators to fulfill this duty. 

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4.107 Health Commission 

The health commission shall consist of seven members appointed by 
the mayor for staggered four-year terms. Members may be removed by the 
mayor. 

The health commission shall nominate an executive of the 
department. The mayor shall appoint or reject the commission's nominee. The 
executive of the health department may be removed by the health commission. 

4.108 Social Services Commission 

The social services commission shall consist of seven members 
appointed by the mayor for staggered four-year terms. Members may be 
removed by the mayor. 

The social services commission shall nominate the executive of 
the department. The mayor shall appoint or reject the commision's nominee. 
The executive of the social services department may be removed by the 
social services commission. 

4.109 Public Utilities Commission 

The public utilities commission shall consist of five members 
appointed by the mayor for staggered four-year terms. Members may be 
removed by the mayor. 

The public utilities commission shall nominate a general manager 
of public utilities. The mayor shall appoint or reject the commission's 
nominee. The general manager of public utilities may be removed by the 
public utilities commission. 

4.110 Recreation and Parks Commission 

The recreation and parks commission shall consist of seven 
members appointed by the mayor for staggered four-year terms. Members may 
be removed by the mayor. 

The recreation and parks commission shall nominate the executive 
of the department. The mayor shall appoint or reject the commission's 
nominee. The executive of the recreation and parks department may be 
removed by the recreation and parks commission. 

The revenue from a minimum tax of ten cents per $100 of taxable 
assessed valuation for constructing, maintaining and improving parks and 
squares shall be appropriated to the recreation and parks commission. 



4.111 Port Commission 



The San Francisco Port Commission shall consist of five members 
who shall be appointed by the mayor, their appointment being subject to 
confirmation by the board of supervisors. Each of the members shall serve 



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for a term of four years. They shall be subject to recall, suspension and 
removal in the same manner as an elected official. 

The port commission shall have the authority to nominate for 
appointment a port director who shall serve as the commission's chief 
executive. The mayor shall appoint a port director, and the director shall 
hold the office at the pleasure of the commission. 

The port commission shall have the composition and organization, 
and the powers, duties, and responsibl ities with respect to the port that 
are set forth in the Burton Act, Statutes of 1968, Chapter 1333, as 
amended, and in the Agreement Relating to the Transfer of the Port of San 
Francisco from the State of California to the City and County of San 
Francisco, executed on the 24th day of January, 1969. 

4.112 Airports Commission and Department 

The airports commission shall consist of five members appointed 
by the mayor for staggered four-year terms. Members may be removed by the 
mayor. 

The airports commission shall nominate the airports director. 
The mayor shall appoint or reject the commission's nominee. The airports 
director may be removed by the airports commission. 

4.113 Departments - General Provisions 

Except as otherwise provided by this Charter, the 
responsibilities of each department within the executive branch shall be 
prescribed by ordinance. 

The administration and management of each department within the 
executive branch shall be the responsibility of the official so designated 
by this Charter or, where permitted, by ordinance. Such officials may: 1) 
appoint individuals to fill all positions within their departments which 
are exempt from the civil service provisions of this Charter; 2) adopt 
rules and regulations governing matters within the jurisdiction of their 
respective departments; and 3) reorganize their respective departments. 

4.114 Police Department 

The police department shall preserve the public peace, prevent 
and detect crime, and protect the rights of persons and property by 
enforcing the laws of the United States, the State of California and the 
City and County. 

The chief of police may appoint, and remove at pleasure, special 
pol ice officers. 

The chief of police shall have all powers which are now or that 
may be conferred upon a sheriff by the laws of the State of California with 
respect to the suppression of any riot, public tumult, disturbance of the 
public peace or organized resistance against the laws or public authority. 



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Patrol Special Officers 

The police commission may appoint patrol special officers who 
shall be subject to rules and regulations as adopted by the police 
commission. The police commission may by resolution provide for 
disciplinary action against patrol special officers. 

Patrol special officers, or their legal heirs or representatives, 
who are designated by the police commission as owners of a certain beat or 
territory as may be fixed from time to time by the commission, may dispose 
of their interest in such beat or territory to a person approved by the 
police commission and eligible for appointment as a patrol special officer. 

District Police Stations 

The police department shall maintain and operate district police 
stations. The police commission, subject to the approval by resolution of 
the board of supervisors, may establish additional district stations, 
abandon or relocate any district station or consolidate any two or more 
district stations. 

4.115 Fire Department 

The fire department shall enforce all applicable laws pertaining 
to the prevention, protection, control and investigation of fires. 

The fire chief shall cause the fire department to inspect all 
occupied or vacated structures to determine compliance with applicable laws 
relative to fire prevention, protection and control and also the protection 
of persons and property from fire. 

The fire chief may during a conflagration cause to be removed any 
structure for the purpose of checking the progress of the conflagration. 

4.116 Executive Branch Reorganization 

Whenever the mayor determines that a reorganization is necessary 
in order to improve the effectiveness of the City and County's 
administration, the mayor may reorganize duties and functions between 
departments and other units of government within the executive branch. Such 
reorganization shall become effective 30 days after its issuance unless 
disapproved by the board of supervisors by resolution within 30 days of its 
issuance. 

A proposed reorganization shall provide for the transfer of: 

1. Civil service employees who are engaged in the performance of 
a function or duty transferred to another office, agency or department; 
such transfer shall not adversely affect status, position, compensation or 
pension or retirement rights and privileges; and 

2. Any unexpended balances of appropriations and other funds 
available for use in connection with any office, agency department or 
function affected by the reorganization; any unexpended balance so 
transferred shall be used only for the purpose for which the appropriation 

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Article 4 - Commission Draft of July 21, 1980 - iw 
was originally made, except as this Charter otherwise permits. 



411 



Article 5 - Commission Draft of July 21, 1980 - iw 

ARTICLE V 
EXECUTIVE BRANCH - ARTS AND CULTURE 

5.100 General 

Persons appointed to the commissions named in this Article shall 
be representative of the City and County at large, and shall be recognized 
for their broad knowledge, expertise and profound interest in the purposes 
for which the commissions to which they are appointed are established. 

All vacancies on commissions named in this Article shall be 
filled within 90 days of their occurrence. 

In cases where this Article provides for the appointment of 
members of a board or commission for staggered terms, such board or 
commission shall be divided into categories I through IV, respectively. 

In the cases of the art commission, with 10 professional and 5 lay 
members, between the 10 members, categories I, II, and III shall have three 
members, and between the 5 members, categories II, III, and IV shall have 
one member. In the case of the war memorial and performing arts center 
commission, with 11 members, categories I, II and III shall have three 
members. Otherwise, each category shall have only two members. 

In the case of the Asian art commission, with 
27 members, category I, II and III shall have seven members, and category 
IV shall have six members. 

The terms of members in categories I, II, III or IV shall end on 
the Sunday preceding the second Monday in January of 1982, 1983, 1984 and 
1985, respectively, and every four years thereafter. 

Each commission may accept and shall comply with the terms and 
conditions of any gifts, devises, trusts, bequests or other agreements 
granting works of art or other contributions. 

A minimum of 20 percent of the amount of the receipts of the 
hotel occupancy tax, if the rate were up to eight percent, to be called the 
publicity and advertising fund shall be allocated to and administered by 
the director of administration for the support of groups and organizations 
engaged in the arts, culture and promotion. In making the disbursements, 
the director of administration may consider recommendations provided by the 
art commission. 

5.101 Art Commission 

The art commission shall consist of 15 members appointed by the 
mayor for staggered four-year terms. Ten members shall be practicing arts 
professionals, two architects, a landscape architect, an artist-sculptor, 
an artist-painter, a musician, a dancer, an actor or theatrical director or 
producer, and a literateur and five members shall be lay members. 

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Article 5 - Commission Draft of July 21, 1980 - iw 

Commission members may be removed for cause by the mayor. 

The art commission shall appoint and may remove a director. The 
director may appoint deputy directors, with the concurrence of the 
commission. 

The art commission shall encourage artistic awareness, 
participation and expression; assist independent local groups with the 
development of their own programs; promote the employment of artists, and 
those skilled in crafts, in the public and private sectors; provide liaison 
with state and Federal agencies to insure increased funding for the arts 
from these agencies as well as represent arts issues in the respective 
governmental bodies; promote the continued availability of living and 
working space for artists within the City and County; and enlist the aid of 
all City and County governmental units in the task of ensuring the fullest 
expression of artistic potential by and among the citizens of San 
Francisco. 

In the furtherance of the above, the art commission shall: 

1. Approve the designs for all public structures, and any 
private structure which extends over or upon any public property; 

2. Approve the design and location of all works of art before 
they are acquired or released by the City and County, or are placed upon or 
removed from City and County property, or are altered in any way; maintain 
and keep an inventory of works of art owned by the City and County; and 
maintain the works of art owned by the City and County. This provision 
shall not apply to works of art under the jurisdiction of any City and 
County art museum commission; 

3. Promote a neighborhood arts program to encourage and support 
an active interest in the arts on a local and neighborhood level, establish 
liaison between community groups and develop support for neighborhood 
artists and arts organizations; 

4. Supervise and control the expenditure of all appropriations 
made by the board of supervisors for music and the advancement of art or 
music; and 

5. Review and make recommendations to the director of 
administration with respect to the allocation of funds appropriated to the 
publicity and advertising fund. 

Nothing in this section shall be construed to limit or abridge 
the legal powers of the Asian art commission, fine arts museum commission, 
the war memorial and performing arts center commission or the California 
Academy of Sciences. 

The revenue from a one half cent tax on each $100 of taxable 
assessed valuation in the City and County shall be allocated for the 
purpose of maintaining a symphony orchestra. 



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Article 5 - Commission Draft of July 21, 1980 - iw 

5.102 Asian Art Commission 

The Asian art commission shall consist of 27 members appointed by 
the mayor for staggered four-year terms who shall be exempt from the 
requirements of Section 4.101 (7) of this charter. Members may be removed 
for cause by the mayor. The commission may provide through its rules and 
regulations for the appointment of an executive committee, which shall have 
authority to act in all matters on behalf of the commission. 

The commission shall appoint and may remove the director of the 
Asian art museum. 

The Asian art commission shall: 

1. Develop and administer the Asian art museum; 

2. Control and manage the Asian art collection with the Avery 
Brundage collections as its nucleus; 

3. Create a foundation or other legal entity for development 
purposes; 

4. Promote, establish and develop an acquisition fund for Asian 
art objects; and 

5. Collaborate with groups to sponsor educational programs 
concerning Asian art and culture. 



5.103 Fine Arts Museums Commission 

The fine arts museums commission shall consist of 32 members, 26 
to be elected by the members of the commission, and six to be appointed, 
and removable for cause, by the mayor. Members shall be exempt from the 
requirements of Section 4.101 (7) of this charter. The commission may 
provide through its rules and regulations for the appointment of an 
executive committee, which shall have authority to act in all matters on 
behalf of the commission. 

The commission shall appoint and may remove a director of the 
fine arts museums. 

The fine arts museums commission, as governors of the fine arts 
museums of the City and County, shall be responsible for setting the public 
course the museums will follow. The commission's first responsibility 
shall be to assure that the museums are open, accessible and vital 
contributors to the cultural life of the City and County, and that the 
museum's programs bring art appreciation and education to all the people of 
the City and County. 

The fine arts museum department, subject to the policy 
supervision of the fine arts museums commission, shall have exclusive 
charge of the maintenance and operation of the Fine Arts museums and the 
lands set aside therefor. 



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Article 5 - Commission Draft of July 21, 1930 - iw 



5.104 War Memorial and Performing Arts 
Center Commission 

The war memorial and performing arts center commission shall 
consist of 11 members appointed by the mayor and confirmed by the board of 
supervisors for staggered four-year terms. In making appointments the 
mayor shall give due consideration to veterans of all wars. Members may be 
removed for cause by the mayor. 

The commission shall appoint and may remove the director of the 
war memorial and performing arts center. 

The war memorial and performing arts center director, subject to 
the policy supervision of the war memorial and performing arts center 
commission, shall have exclusive charge of the construction, maintenance 
and operation of the buildings which comprise the war memorial and the 
performing arts center. 



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Article 6 - Commission Draft of July 21, 1980 

ARTICLE VI 
OTHER ELECTIVE OFFICERS 



6.100 Designation of Other Elective Officers 

In addition to the officers required to be elected under other 
Articles of this Charter, the following shall constitute the other elective 
officers of the City and County: the assessor, city attorney, district 
attorney, public defender, sheriff and treasurer. Each such officer shall 
be elected for a four-year term, and shall serve full time. 

The city attorney, district attorney and public defender shall 
each be licensed to practice law in all courts of the State of California 
and shall have been so licensed for at least five years next preceding 
election. Such officials shall not engage in the private practice of law 
during the period they serve as elective officers of the City and County. 

Subject to the powers and duties set forth in this Charter the 
officers named in this Section 6.100 shall have such additional powers and 
duties prescribed by the laws of the State of California for their 
respective of f i ce. 

6.101 Assessor 

The assessor shall equitably and effectively administer the 
property tax system of the City and County. 

6.102 City Attorney 

The city attorney shall: 

1. Represent the City and County in legal proceedings with 
respect to which it has an interest; 

2. Represent an officer of the City and County when directed to 
do so by the board of supervisors, unless the cause of action exists in 
favor of the City and County against such officer; 

3. Whenever a cause of action exists in favor of the City and 
County, commence legal proceedings when such action is within the knowledge 
of the city attorney or when directed to do so by the board of supervisors; 

4. Upon request, provide advice or written opinion to any 
elected officer, department head or board or commission, or member thereof, 
of the City and County; 

5. Recommend the settlement or dismissal of legal proceedings 
for or against the City and County, to the board of supervisors. Such 
proceedings shall be settled or dismissed only by ordinance. 

6. Approve as to form all bonds, contracts and, prior to 

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Article 6 - Commission Draft of July 21, 1980 - iw 



enactment, all ordinances, and examine and approve title to all real 
property to be acquired by the City and County; 

7. Prepare and make available to the public an annual 
codification of ordinances of the City and County then in effect; and 

8. Prepare and make available to the public an annual edition of 
this Charter complete with all amendments and annotations thereto. 

6.103 District Attorney 

The district attorney shall: 

1. Investigate all allegations of violation of laws which the 
district attorney has the power to prosecute in court or before any other 
trier of fact; 

2. Prosecute all criminal cases in the municipal and superior 
courts and issue warrants for the arrest of persons charged with crimes to 
be prosecuted in such courts; 

3. Proceed in such civil cases as authorized by the law. 



6.104 Public Defender 

The public defender shall, upon the request of an accused who is 
financially unable to employ counsel or, upon order of the court, defend or 
give counsel or advice to any person charged with the commission of a crime 
or in danger of criminal prosecution. 

6.105 Sheriff 

The sheriff shall have the following powers: 

1. Keep the county jail ; 

2. Receive all prisoners committed to jail by competent 
authorities; 

3. Execute the orders and legal processes issued by courts of 
the State of California; and 

4. Upon court order detail necessary bailiffs. 

6.106 Treasurer 

The treasurer shall be responsible for the collection of taxes, 
the receipt of all monies collected by the City and County and their 
safeguard, deposit and investment in accordance with sound financial 
practices. 

6.107 Vacancies 

If the position of assessor, city attorney, district attorney, 



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Article 6 - Commission Draft of July 21, 1930 - iw 



public defender, sheriff or treasurer shall become vacant because of death, 
resignation, permanent disability or the inability of the respective 
officer to otherwise carry out the responsibilities of the office, the 
mayor shall appoint an individual qualified under this Charter and the laws 
of the State of California. Such appointee shall serve until the next 
general municipal cr statewide election, at which time an election shall be 
held to fill the unexpired term. 



503 



Article 7 - Commission Draft of July 21, 1930 - iw 

ARTICLE VII 
JUDICIAL BRANCH 



7.100 Municipal and Superior Courts 

The municipal and superior courts of the City and County shall 
conform to the requirements of the laws of the State of California. 

7.101 Municipal Court 

The judges of the municipal court shall meet at such times as the 
presiding judge may require, and shall prescribe such rules and regulations 
as are necessary and proper for the advancement of justice and prevention 
of delay in the business of the court. 

The presiding judge, acting through the clerk of the court, shall 
file with the board of supervisors an annual report of the business of the 
court covering the preceding year. 

The presiding judge of the municipal court shall supervise and 
direct the clerk of the municipal court. 

Any fees required to be collected by the municipal court or the 
clerk of such court shall be paid into the treasury of the City and County. 

7.102 Probation Officers 

A majority of the superior court judges of the City and County 
shall appoint the adult probation officer and the chief probation officer 
of the juvenile court. Such officers may be removed only by a vote of a 
majority of the judges of the superior court. Prior to any such removal , 
either officer may request a hearing before a committee of five judges 
appointed by the presiding judge. The salaries of such officers, their 
assistants, deputies and employees shall be fixed by the board of 
supervisors . 



701 



Article 3 - Commission Draft of July 21, 1980 - iw 

ARTICLE VIII 
EDUCATION AND LIBRARIES 

8.100 Unified School District 

The unified school district shall be under the control and 
management of a board of education composed of seven members who shall be 
elected by the voters of the unified school district. A student 
representative shall serve on the board of education in accordance with 
state law. No member shall be eligible to serve on the governing board of 
the community college district. Vacancies occurring on the board of 
education shall be filled by the mayor. The compsensation for each member 
shall be $100 per month. 

The board of education shall have the power to employ teachers 
and other persons as may be necessary in accordance with state law and this 
Charter, and shall appoint the superintendent of the unified school 
district. Th superintendent: 1) shall also be the superintendent of the 
County school district; 2) shall be the executive officer of the board of 
education; 3) shall have the powers and duties provided by state law and 
this Charter; and 4) may appoint and remove a confidential secretary. 
During the terms of their respective offices, the superintendent and the 
associate and the assistant superintendents shall reside in the City and 
County. 

All positions, except positions to be filled by certified 

employees and paraprofessional employees, shall be subject to the personnel 

provisions of this Charter. The compensation of these persons shall be 
fixed in accordance with this Charter. 

3.101 Unified School District, Administrators 

All heads of departments, principals, assistant principals, 
supervisors and directors shall be employed pursuant to four-year 
contracts, which cntracts shall be subject to renewal based upon achieving 
and maintaining standards of performance. 

8.102 Governing Board of the Community College District 

The community college district shall be under the control and 
management of a governing board composed of seven members who shall be 
elected by the voters of the community college district. A student 
representative shall serve on the governing board in accordance with state 
law. No member shall be eligible to serve on the board of education. 
Vacancies occurring on the governing board shall be filled by the mayor. 
The compensation for each member shall be S100 per month. 

The governing board shall have the power to employ teachers and 
other persons as may be necessary in accordance with state law and this 
Charter, and shall appoint the chancellor of the community college 
district. The chancellor: 1) shall be the executive of the governing board; 
2) shall nave the powers and duties provided by state law and this Charter; 

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Article 8 - Commission Draft of July 21, 1980 - iw 

and 3) may appoint and remove a confidential secretary. During the terms of 
their respective offices, the chancellor and presidents of the community 
college district shall reside in the City and County. 

All positions, except positions to be filled by certified 

employees and paraprofessional employees, shall be subject to the personnel 

provisions of this Charter. The compensation of these persons shall be 
fixed in accordance with this Charter. 

8.103 Libraries 

Libraries shall be a part of the executive branch. The library 
commission shall consist of seven members appointed by the mayor for 
staggered four-year terms. Members may be removed by the mayor for cause. 

The commission shall appoint the head of the library department 
who shall serve at its pleasure. 

The library department shall maintain and operate the library 
system of the City and County subject to the policy supervision of the 
1 ibrary commission. 

The revenue from a minimum tax of four cents per $100 taxable 
assessed valuation shall be appropriated for constructing, maintaining, and 
improving the libraries. 



802 



Article 9 - Commission Draft of July 21, 1930 - iw 

ARTICLE IX 
FINANCIAL PROVISIONS 

9.100 Budget Process Ordinances 

The mayor shall submit and the board of supervisors shall act on 
ordinances with respect to the following: 

1. The establishment of the City and County's fiscal year; 

2. A schedule and procedures for the orderly preparation and 
submission of the annual proposed budget and for the review and adoption of 
the necessary interim and final appropriations ordinances. 

3. A description of the form of the annual proposed budget and 
appropriation ordnance consistent with the financial records required by 
Section 3.106 and containing information relating the type and extent of 
services to be delivered or revenues to be generated to proposed 
expenditures in a manner which, to the extent feasible, allows comparison 
of expected performance and expenditures between various fiscal years. 

4. A procedure to include public participation in the budgetary 
process which shall include public hearings conducted by the commissions, 
mayor and the board of 

supervi sors . 

9.101 Annual Proposed Budget 

The mayor shall submit to the board of supervisors each year an 
annual proposed budget and related appropriation ordinances. The annual 
proposed budget shall include: 

1. Estimated revenues and surpluses from whatever sources, to 
the extent feasible, for the forthcoming fiscal year and the allocation of 
such revenues and surpluses to various departments, functions and programs 
to support expenditures. Proposed expenditures shall include such necessary 
and prudent reserves as determined by the controller. 

2. A summary of the annual proposed budget with a narrative 
description of priorities, services to be provided, economic assumptions 
used in preparing the revenue estimates. The summary shall also contain a 
discussion of trends and projections of revenues and expenditures of the 
City and County for the subsequent four years. 

The annual proposed budget and appropriation ordinances shall be 
balanced so that proposed expenditures of each fund do not exceed estimated 
revenues and surpluses of that fund. 

Until the appropriation ordinances are adopted by the board of 
supervisors, the mayor may submit to the board of supervisors revisions to 
the annual proposed budget and appropriation ordinances. 



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Article 9 - Commission Draft of July 21, 1930 - iw 



The mayor may instruct the controller to prepare the draft 
appropriation ordinances. 

The mayor shall f i 1 e a copy of the annual proposed budget at the 
main library and shall make copies of the budget summary available to the 
pub! ic. 



9.102 Certification of Revenues Estimates 

The mayor shall submit to the controller for review the estimated 
revenues contained in the annual proposed budget and any revisions thereto. 
The controller shall then provide the board of supervisors with a 
certification that those revenue estimates and any revisions are accurate 
and reasonable. 

9.103 Adoption of Appropriation Ordinances and Tax Levy 

The board of supervisors may amend the annual proposed budget and 
appropriation ordinances as follows: 

1. After review of the controller's analysis of the mayor's 
revenue estimates, the board of supervisors may reduce proposed revenues; 

2. The board of supervisors may increase or decrease any 
proposed expenditure in the general fund or any special, sequestered or 
other fund so long as the aggregate changes do not cause the expenditures 
to exceed the amount proposed for expenditures by the mayor form any such 
fund. 

9.104 Veto of Appropriations 

The mayor may reduce or reject any amendment to any expenditure 
made by the board of supervisors within ten days after the adoption of the 
final appropriations ordinance. Within ten days of receipt of the mayor's 
veto message, the board of supervisors may reinstate, in whole or in part, 
any expenditure reduced or rejected by the mayor by a vote of two-thirds of 
its members. In overriding any mayoral veto, the board of supervisors shall 
not cause the aggregate expenditures for the general fund or any special, 
sequestered, or other fund in the appropriation ordinances to exceed the 
mayor's revenue estimate as allocated to such funds. 

9.105 Transfers 

The board of supervisors may allow the mayor, and other officials 
of the City and County as designated by ordinance, to 1) authorize 
transfers of previously appropriated amounts within the same fund within 
the same governmental unit without approval of the board of supervisors; 2) 
establish budgetary procedures to be followed during the course of the 
budget year with respect to departments or commissions that defray all the 
costs of their operation from their own revenues. 

9.106 Capital Improvements Programs 

Not later than 90 days prior to the commencement of each fiscal 



902 



Article 9 - Commission Draft of July 21, 1930 - iw 

year, the mayor shall submit to the board of supervisors a proposed capital 
improvements program covering the next six years. 

The capital improvements program shall describe: 

1. All capital improvement projects planned; 

2. The source and amount of planned annual capital improvements 
expenditures; 

3. The estimated annual cost of operating and maintaining the 
facilities to be constructed or acquired and the assumptions underlying 
such estimates; 

4. The estimated annual revenues, if any, to be generated and 
the assumptions underlying such estimates; and 

5. Other information pertinent to the evaluation of the capital 
imp-cvements program. 

All capital improvement projects must be reviewed by the planning 
department of the City and County for conformity with the general plan. 
The information in tne capital improvements program may be modified or 
extended each year for capital improvements pending or in process of 
acquisition or construction. The board of supervisors may delete projects 
from the capital improvements program as submitted to it, but may not 
otherwise amend the program until it has requested and considered the 
recommendations of the planning department. However, the board of 
supervisors may act without such recommendations if they are not received 
within 30 days from the date requested. 

The board of supervisors shall by resolution adopt the capital 
improvements program as proposed or amended within 50 days after 
submission. The resolution shall serve solely as an advisory document 
during the budget process. 

9.107 Facilities Maintenance Program 

The annual proposed budget shall contain the facilities 
maintenance program for the City and County. This program shall describe to 
the extent possible: 

1. A priority listing of the necessary maintenance, including 
repair of all capital equipment, structure and grounds of departments or 
units of government of the City and County which are contained within the 
general fund. 

2. The amount of annual expenditures necessary for such 
maintenance. 

3. Other information pertinent to the evaluation of facilities 
maintenance program. 



903 



Article 9 - Commission Draft of July 21, 1980 - iw 



9.108 General Obligation Bonds 

When permitted by the Constitution of the State of California, 
whenever the board of supervisors shall determine that the public interest 
or necessity requires the construction, acquisition, completion, remodeling 
or repair of any public improvement or works of the City and County, the 
cost of which will be too great to be paid out of the ordinary annual 
income and revenue of the City and County, the board of supervisors may, by 
ordinance, order the submission of the proposition of incurring, bonded 
indebtedness, for the purpose set forth in such ordinance, to the voters of 
the City and County, at an election held for that purpose. Such ordinance 
shall be published in accordance with the provisions of this Charter 
governing publication of ordinances. Approval of such bonded indebtedness 
shall require the affirmative vote of two thirds of the votes cast with 
respect to the proposition at the election. 

9.109 Revenue Bonds 

Revenue bonds may be issued only with the assent of a majority of 
the voters voting upon such proposition, except that no voter approval 
shall be required with respect to revenue bonds: 

1. Approved by resolution adopted by nine members of the board 
of supervisors if the bonds are to finance buildings, fixtures or equipment 
which are deemed necessary by the board to comply with an order of a duly 
constituted state or Federal authority having jurisdiction over the subject 
matter; 

2. Approved by the board of supervisors prior to January 1, 
1977; 

3. For the purposes set forth in and pursuant to the provisions 
of the Marks-Foran Residential Rehabilitation Act of 1973, as amended; 

4. Approved by the board of supervisors which establish a fund 
for the purpose of providing mortgage financing for the acquisition, 
construction, or rehabilitation of housing in the City and County; or 

5. For the purpose of acquiring, constructing, improving or 
developing grounds or facilities under the jurisdiction of the port 
coinnission. 

In connection with the issuance and sale of revenue bonds 
pursuant to this Charter, the board of supervisors may use any of the 
provisions of the Revenue Bond Law of 1941 (Chapter 6 of Part 1, Division 
2, Title 5 of the Government Code, commencing with Section 54300). 

9.110 Lease Financing 

The City and County may enter into public leaseback only with the 
assent of the majority of the voters voting upon such proposition. As used 
in this Section, public leaseback shall mean any lease, sublease, contract 
or other agreement made directly or indirectly between the City and County 
and any public agency or authority, a non-profit corporation or a 
retirement system ("leaseback corporation") under which payments provided 

904 



Article 9 - Commission Draft of July 21, 1930 - iw 

by the City and County will be used, in whole or in part, by the leaseback 
corporation for payment of principal of or interest on its bonds, notes or 
other evidence of indebtedness. 

9.111 Refunding Bonds 

The board of supervisors is hereby authorized to provide for the 
issuance of bonds of the City and County for the purpose of refunding any 
bonds (general obligation or revenue) or any series or issue of bonds of 
the City and County then outstanding. In connection with the issuance and 
sale of refunding bonds the board of supervisors may use any of the 
provisions of Article 9 of Chapter 3 of the Government Code of the State of 
California, Section 53550 et seq. 

9.112 Bond Election by Petition 

Proceedings for the authorization and issuance of bonds for the 
acquisition, construction or completion of any public utility or utilities 
may be initiated by electors in the manner following: Whenever a petition, 
signed by qualified electors of the City and County equal in number to 15 
percent of the electors who voted for all candidates for the office of 
mayor at the last general election at which a mayor of the City and County 
was elected, requesting the board of supervisors to submit to the electors 
of the City and County a proposition or propositions for incurring bonded 
indebtedness for the acquisition, construction or completion of any public 
utility or utilities shall be filed with the registrar of voters, the board 
of supervisors shall promptly call an election and submit to the electors 
the proposition or propositions of incurring bonded indebtedness of the 
City and County for the purpose or purposes set forth in said petition. 

9.113 Sale of Bonds 

Bonds may be sold at public or private sale upon such terms and 
conditions as the board of supervisors deems to be in the public interest. 
Bonds may be sold at a price below the par value thereof; provided, 
however, that the discount on any bonds so sold shall not exceed six 
percent of the par value thereof. 



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Article 10 - Commission Draft of July 21, 1980 - iw 

ARTICLE X 
PERSONNEL ADMINISTRATION 

10.100 Purpose 

The purpose of the personnel system of the City and County shall 
be: 

1. To recruit, select and advance employees on the basis of 
their relative ability, knowledge and skill; 

2. To ensure fair treatment of employees and applicants in all 
aspects of personnel administration without regard to race, color, 
religion, sex, national origin, sexual orientation, political affiliation, 
age, disability or other nonmerit factors and with proper regard for their 
privacy and constitutional rights as citizens; 

3. To train employees as needed to assure quality performance; 
and 

4. To provide a mechanism for encouraging and evaluating 
management and employee productivity. 

10.101 Civil Service Commission 

The civil service commission shall consist of five members 
appointed by the mayor for staggered four-year terms. The civil service 
commission shall be divided into Groups I through IV, respectively. Group 
I shall have two members. Each other Group shall have one member. The 
terms of members in Groups I, II, III or IV shall end on the Sunday 
preceding the second Monday in January of 1982, 1983, 1984 and 1985, 
respectively, and every four years thereafter. Members may be removed by 
the mayor for cause, with the consent of the board of supervisors. 

The civil service commission shall appoint and may remove an 
executive secretary. 

The civil service commission shall have the power to conduct 
investigations into any aspect of the operation of the personnel system of 
the City and County and to make recommendations to the mayor and the board 
of supervisors. The civil service commission may require periodic reports 
from the personnel director in a manner and form which it shall prescribe. 

The civil service commission shall hear appeals with respect to: 

1. Alleged improper action under, or denial of rights provided 
by, this Charter, ordinances and rules and regulations with respect to 
personnel practices of the City and County. 

2. Disputes concerning classification decisions of the personnel 
department; and 



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Article 10 - Commission Draft of July 21, 1980 - iw 

3. Alleged violation of civil service rules and regulations, or 
fraud concerning examinations; except that technical matters concerning the 
content of examinations shall be determined by the personnel director and 
there shall be no right of appeal to the civil service commission. During 
the time an examination is under protest the personnel director may 
continue to certify aligibles from a list based on the protested 
examination. 

Upon formal determination of an appeal the civil service 
commission may order the reinstatement, suspension, or dismissal of an 
employee, or order the personnel department or an appointing officer to 
take corrective action. 

Notwithstanding the preceding two paragraphs, matters covered by 
labor-management agreements to which the City and County is a party shall 
be subject to appeal in the manner provided in such agreements. 

10.102 Personnel Department 

The personnel department shall provide a means to recruit, 
select, appoint, train and maintain an effective and responsive workforce 
through procedures for employee hiring and advancement, training and career 
development, job classification, salary administration, discipline, 
discharge and other related activities. 

The personnel department shall establish a system of job 
classification. The department shall create new classifications and shall 
as necessary reclassify existing positions, after required notice to 
employee organizations and departments affected. 

Any classification or reclassification shall be appealable to the 
civil service commission by affected parties including employees, 
recognized employee organizations and departments of the City and County. 

10.103 Personnel Director 

A personnel director shall be appointed and may be removed by the 
mayor. The personnel director shall be responsible for the administration 
of the personnel department. 

The personnel director shall establish regulations with respect 
to administrative matters within the jurisdiction of the personnel 
department. No regulations shall be adopted, amended or repealed without a 
prior public hearing for which at least two weeks notice shall have been 
given. 

The personnel director shall submit to the civil service 
commission rules with respect to recruitment, selection and appointment of 
employees. After a public hearing, the civil service commission shall 
approve or reject such rules. 

The personnel director snail conduct appropriate examinations for 
employment on an entrance, promotive or combination entrance and promotive 
basis, and shall establish lists of eligibles based on their results. The 
personnel director, after consultation with appointing officers, shall 

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Article 10 - Commission Draft of July 21, 1980 - iw 

establish probationary periods not to exceed twelve months for sworn, 
uniformed employees and six months for all other employees. 

The personnel director shall conduct the annual salary surveys 
described in Appendix A of this charter. 

10.104 Exclusions From Civil Service Appointment 

All employees of the City and County shall be either "classified" 
or "unclassified." Unclassified employees shall be exempt from civil 
service procedures. Unclassified employees shall include: 

1. All supervisory and policy-level positions within the office 
of the mayor; 

2. All elected officers of the City and County and their chief 
deputies or chief assistants; 

3. All members of commissions, boards and advisory committees; 

4. Not more than one commission secretary for each commission or 
board; 

5. All heads of agencies and departments; 

6. All non-uniformed deputy heads of departments; 

7. All uniformed deputy heads of departments, police commanders, 
police inspectors and fire chief's operators; 

8. Not more than one confidential secretary in each department 
and agency; 

9. The legislative analyst, senior staff in the office of the 
legislative analyst, and administrative assistants to the board of 
supervisors; 

The proportion of full-time employees in the above unclassified 
categories to the total number of civil service employees of the City and 
County shall not be greater than such proportion as existed on July 1, 
1980. 

In addition, unclassified employees shall include: 

1. All certificated teachers and certificated administrators of 
the unified school district and the community college district; 

2. All paraprofessional aides of the unified school district and 
teaching instructional aides of the community college district; 

3. Construction workers working outside of City and County; 

4. Part-time, temporary and seasonal appointments not to exceed 
the equivalent of half-time during any fiscal year; 



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Article 10 - Commission Draft of July 21, 1980 - iw 

5. Appointments, which shall not exceed two years and shall not 
be renewable, as substitutes for civil service employees on leave; 

6. Appointments, which shall not exceed three years and shall 
not be renewable, for special projects with limited term funding; except 
that such positions may be filled through regular civil service procedures: 

7. Provisional appointments for classified positions, which 
shall not exceed one year and shall not be renewable, for positions for 
which no eligible list exists; 

8. All nonclerical employees of the superior and municipal 
courts; 

9. All attorneys, physicians and dentists serving in their 
professional capacity, except those physicians and dentists whose duties 
are primarily administrative or supervisorial, and hospital chief 
administrators; 

10. The law librarian, assistant law librarians, bookbinder of 
the law library, purchaser, curators, deputy port director, chief of the 
bureau of maritime affairs, director of administration and finance, port 
sales manager, port traffic manager, chief wharfinger, port commercial 
property manager, actuary of the employees' retirement board, tax 
administrator, director of the zoo and director of the aboretum and 
botanical garden; and 

11. Positions determined by the controller and approved by annual 
resolution of the board of supervisors to be positions where the work of 
services can be practically performed under private contract at a lower 
cost to the city and county than similar work or services performed by 
employees of the city and county; provided that no work or services shall 
be contracted where such work or services are required to be performed by 
officers of employees of the city and county under the provisions of this 
Charter or other applicable law. 

10.105 Discipline 



Employees in classified positions shall have the right to due 
process in all disciplinary matters. For disciplinary matters in which a 
suspension is imposed, an employee shall be granted a hearing and the 
right to appear before the appointing officer or designee in a manner to be 
prescribed by ordinance. For disciplinary matters involving demotion or 
dismissal, an employee shall have the right, after exhausting the process 
above, to a hearing before the civil service commission or a hearing 
officer, or to binding arbitration as determined by ordinance. 

No person employed under the civil service provisions of this 
Charter, exclusive of members of the police and fire departments as 
provided below, as a permanent employee, shall be removed or discharged 
except for cause, upon written charges, and after an opportunity to be 
heard in his own defense. Pending such hearing, the appointing officer may 
suspend the person so accused if the accusation against the accused person 
involves misappropriation of public funds or property, misuse or 

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Article 10 - Commission Draft of July 21, 1930 - iw 

destruction of public property, drug addiction or habitual intemperance, 
mistreatment of persons, acts which would constitute a felony or 
misdemeanor involving moral turpitude, or acts which present an immediate 
danger to the public health and safety; but such suspension shall not be 
valid for more than 30 days, unless hearing upon the charges shall be 
delayed beyond such time by the act of the accused person. When charges 
are made, the appointing officer shall, in writing, notify the person 
accused of the time and place when the charges will be heard, by mailing 
such statement to his last known address. The hearing shall be conducted 
forthwith by a qualified and unbiased hearing officer employed under 
contract by the City and County and selected by procedures set forth in the 
regulations of the personnel department. The hearing officer shall 
publicly hear and determine the charges, and may exonerate, suspend or 
dismiss the accused. If the employee is exonerated the hearing officer 
may, at his discretion, remit the suspension and may order payment of 
salary to the employee for the time under suspension, and the report of 
such suspension shall thereupon be expunged from the record of service of 
such employee. The civil service commission shall immediately be notified 
of the charges when made, of the hearing, and of the finding thereon. The 
finding of the hearing officer shall be final, unless within 30 days 
therefrom the dismissed employee appeals to the civil service commission. 
The appeal shall be in writing and shall briefly state the grounds 
therefor. The civil service commission shall examine the case and may 
require the hearing officer to furnish a record of the hearing and may 
require any additional evidence it deems material under conditions 
established by rule of the civil service commission, and may, thereupon, 
make such decision as it deems just. The order or decision of the 
commission upon such appeal shall be final and shall forthwith be enforced 
by the appointing officer. If the civil service commission shall reverse 
or alter the finding of the hearing officer it may, in its discretion, 
order that the employee affected be paid salary from the time of his 
discharge or suspension. 

The civil service commission may hear and determine any charge 
filed by a citizen or by the authorized agents of the commission when the 
appointing officer neglects or refuses to act. Removal or discharge may be 
made for any of the following causes: incompetence, habitual intemperance, 
insubordination, discourteous treatment of the public, dishonesty, 
inattention to duties or engaging in prohibited political activities. 

Nothing in this Section shall limit or restrict procedures 
governing lay-offs or reduction in force. 

Sworn, uniformed members of the fire or the police department 
guilty of any offense or violation of the rules and regulations of their 
respective departments shall be liable to be punished by reprimand, or by 
fine not exceeding one month's salary for any offense, or by suspension for 
not to exceed three months, or by dismissal, after hearing by 
the commissioners of their respective departments; provided, however, that 
the chief of each respective department for disciplinary purposes may 
suspend a member for a period not to exceed 10 days for violation of the 
rules and regulations of his department. Any member so suspended shall 
have the right to appeal such suspension to the fire commission or to the 
police commission, as the case may be, and have a hearing on such 
suspension. Written notice of appeal must be filed within 10 days after 

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Article 10 - Commission Draft of July 21, 1980 - iw 

such suspension and the hearing of said appeal must be held within 30 days 
after the filing of said notice of appeal. If the commission shall reverse 
or alter the finding of the chief, it shall in the case of a reversal and 
in other cases it may in its discretion, order that the member affected be 
paid salary for the time of his suspension. In the event the chief should 
exercise such power of suspension, the member involved shall not be subject 
to any further disciplinary action for the same offense. Subject to the 
foregoing, members of either department shall not be subject to dismissal, 
nor to punishment for any breach of duty or misconduct, except for cause, 
nor until after a fair and impartial trial before the commissioners of 
their respective departments, upon a verified complaint filed with such 
commission setting forth specifically the acts complained of, and after 
such reasonable notice to them as to time and place of hearings as such 
commission may, by rule, prescribe. The accused shall be entitled, upon 
hearing, to appear personally and by counsel; and to secure and enforce, 
free of expense, the attendance of all witnesses necessary for his defense. 

Notwithstanding the above Sections, procedures governing 
disciplinary matters may be established through labor-management agreement. 



1006 



Article 11 - Commission Draft of July 21, 1980 - iw 

ARTICLE XI 
EMPLOYER-EMPLOYEE RELATIONS SYSTEM 

11.100 General 

The purpose of this Article shall be to establish a mechanism to 
facilitate negotiations between the City and County and recognized employee 
organizations with respect to wages, hours and other terms and conditions 
of employment. 

Employee Relations Office 

An employee relations office shall be established within the 
office of the mayor, and shall: 

1. Evaluate the likely costs of various labor and management 
proposals under negotiation; and 

2. Be responsible for negotiation and administration of 
memoranda of understanding; 

The mayor shall appoint a director of employee relations, subject 
to confirmation of the board of supervisors. 

In addition, a chief labor negotiator for the City and County 
shall be jointly designated by the mayor and the board of supervisors in 
a manner provided by ordinance. The chief labor negotiator may be the 
director of employee relations, any other officer of the City and County or 
any other person. The chief labor negotiator shall negotiate on behalf of 
the City and County with recognized employee organizations. 

11.101 Employer-Employee Negotiations 

Wages, hours and other terms and conditions of employment for 
employees of the City and County shall be established by either: 

1. The City and County acting through the chief labor negotiator 
shall meet and confer in good faith with recognized employee organizations 
and shall attempt to reach agreement on all matters within the scope of 
negotiation. Such agreement shall supersede any other terms and conditions 
of employment for covered employees established by Appendix A in Sections 
A8.402 - A8.411 and A8.420 - A8.432 of this Charter, ordinances, 
resolutions, or departmental rules or regulations which are inconsistent 
with such agreements. Agreements may provide a procedure for final and 
binding arbitration of grievances which may arise between representatives 
of the City and County and an employee or recognized employee organization 
arising under an agreement, or of an impasse in negotiating subsequent 
agreements. On the expiration of an agreement, terms and conditions of 
employment contained in the agreement shall terminate, and no employee 
benefit contained therein shall continue after the expiration date of the 
agreement, except as may be specifically provided in the agreement. Every 
agreement shall include specific language recognizing this limitation of 

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Article 11 - Commission Draft of July 21, 1930 - iw 

terms and conditions of employment; or 

2. In the absence of a negotiated agreement with respect to any 
group of employees, wages, hours and other terms and conditions of 
employment shall be as provided in Appendix A of this Charter. For such 
employees wages, hours, and other terms and conditions of employment not 
specified in Appendix A shall be determined by the board of supervisors, 
upon the recommendation of the employee relations office. Such 
recommendation shall be based upon a survey by the personnel department in 
the six bay area counties of benchmark classes of public and private 
employees who are providing like work and like services. 

11.102 Memoranda of Understanding 

Memoranda of Understanding which incorporate labor-management 
agreements shall be adopted by resolutions of the board of supervisors. 

11.103 Strike Prohibition 

The people of the City and County find that the instigation of or 
participation in, strikes against the City and County by any officer or 
employee of the City and County constitutes a serious threat to the lives, 
property and welfare of its citizens and hereby declare as follows: 

1. No person holding a position by appointment or employment 
under the civil service provisions of this Charter shall strike, or cause, 
instigate or afford leadership to a strike, or honor a strike against the 
City and County by willfully abstaining from the full, faithful and proper 
performance of the duties of employment; and 

2. In the event of a strike by members of an employee 
organization recognized by the city and county, the city and county shall 
deem good faith negotiations to have ended. For a period of one year 
subsequent to such a strike, compensation for members of such an employee 
organization shall be determined by the provisions of Appendix A of this 
charter. However, the city and county may continue to provide certain 
benefits of employment not contained in Appendix A if total compensation is 
reduced by an amount equivalent to their value. At the end of one year, 
the city and county may negotiate a new agreement, as provided in Section 
11.101. 



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Article 12 - Commission Draft of July 21, 1980 - iw 

ARTICLE XII 
EMPLOYEE RETIREMENT AND HEALTH SERVICE SYSTEMS 
Part One: Employee Retirement System 

12.100 Retirement Board 

There shall be a retirement board of the City and County which 
shall consist of seven members as follows: the president of the board of 
supervisors, three public members to be appointed by the mayor, and three 
members elected from the active membership of the retirement system. The 
public members appointed by the mayor shall hold either a degree of doctor 
of medicine or shall be experienced in life insurance, actuarial science, 
employee pension planning or investment portfolio management, and shall be 
appointed by the mayor; provided, however, that there shall be one 
appointive member who holds a degree of doctor of medicine. The term of 
the six members, other than the president of the board of supervisors, 
shall be five years. The three elected members need not be residents of 
the city and county. Vacancies on the board shall be filled by the mayor 
for the remainder of the unexpired term, or in the case of elected employee 
members, until the next regularly scheduled employee member election. The 
retirement board shall appoint and may remove an executive director and 
actuary, who shall hold office at its pleasure, and shall employ a 
consulting actuary. 

The retirement board shall be the sole authority and judge, 
consistent with this Charter and ordinances, as to the conditions under 
which members of the retirement system may receive and may continue to 
receive benefits under the retirement system, and shall have exclusive 
control of the administration and investment of such funds as may be 
established, provided that all investments shall be of the character legal 
for insurance companies within the State of California, and that funding 
and investment policies shall be consistent with the principles and 
practices recognized by the American Academy of Actuaries. 

12.101 Executive Director and Actuary 

The executive director shall administer the retirement system in 
accordance with the provisions of this Charter and the policies and 
regulations of the retirement board. The executive director and actuary, 
or their designees, shall have the power to administer oaths and 
affirmations in all matters pertaining to the business of the retirement 
system. 

12.102 Hearing Officer 

Any application for disability leave, disability retirement, or 
death allowance made pursuant to this Charter shall be heard by a hearing 
officer employed under contract by the retirement board and selected by 
procedures set forth in its rules, which shall include rules setting forth 
the qualifications and selection procedure necessary to appoint a qualified 
and unbiased hearing officer. Following public hearing, the hearing 

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Article 12 - Commission Draft of July 21, 1930 - iw 

officer shall determine whether such application shall be granted or 
denied. All expenses related to processing and adjudicating such 
applications shall be paid from the compensation fund. 

At any time within thirty days after the service of the hearing 
officer's decision, the applicant or any other affected party, including 
the retirement system, may petition the hearing officer for a rehearing 
upon one or more of the following grounds and no other: 



powers ; 



1. That the hearing officer acted without or in excess of his 

2. That the decision was procured by fraud; 

3. That the evidence does not justify the decision; 

4. That the petitioner has discovered new material evidence which 
could not, with reasonable diligence, have been discovered and produced at 
the hearing. 

The decision of the hearing officer shall be final upon the 
expiration of thirty days after the petition for rehearing is denied, or if 
the hearing is granted, upon the expiration of thirty days after the 
rendition of the decision. Such final decision shall not be subject to 
amendment, modification, or recission by the retirement board, but shall be 
subject to review by the retirement board only for the purpose of 
determining whether to seek judicial review. 

12.103 Trust Fund 

The retirement fund shall be a trust fund to be administered by 
the retirement board in accordance with the provisions of this Charter 
solely for the benefit of the active members and retired members of the 
retirement system and their survivors and beneficiaries. Administrative 
costs of the retirement system, as adopted by the board of supervisors in 
the annual budget, shall be funded by the Trust Fund. 

Part Two: Health Service System 

12.200 Health Service Board 

There shall be a health service board of the City and County 
which shall consist of seven members as follows: the chairman of the 
finance committee of the board of supervisors, the city attorney, or 
designated assistant city attorney, two members appointed by the mayor, one 
of whom shall be a resident official of an insurance company and the other 
a doctor of medicine, and three members elected by the members of the 
system from among their number. Elections shall be conducted by the 
Registrar in a manner prescribed by ordinance. Elected members need not 
reside within the city and county. The terms of members, other than the 
two ex officio members, shall be five years, one term expiring on May 15 of 
each year. 

A vacancy on the health service board appointive by the mayor 
shall be filled by the mayor. A vacancy in an elective office on the 



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Article 12 - Commission Draft of July 21, 1930 - iw 

health service board shall be filled by a special election within 90 days 
after the vacancy occurs unless a regular election is to be held and within 
six months after such vacancy shall have occurred. 

The health service board shall: 

1. Establish and maintain detailed historical costs for medical 
and hospital care and conduct an annual review of such costs; 

2. Apply benefits without special favor or privilege; 

3. Put such plans into effect and through its staff, conduct and 
administer the same and, contract therefor and use the funds of the system; 
and 

4. Make rules and regulations for the transaction of its 
business, the granting of exemptions and the admission to the system of 
members. 

12.201 Medical Director or Executive Director 

The health service board shall appoint and may remove a full-time 
medical director who shall be a doctor of medicine with experience in 
administering health plans or in comparable work, or an executive officer 
with experience in administering health plans or in comparable work and a 
part-time medical adviser who sha.ll be a doctor of medicine with such 
experience. The health service board and each committee of the board shall 
confine its activities to policy matters and to matters coming before it as 
an appeal board. 

12.202 Membership in Health Service System 

The members of the system shall consist of all permanent 
employees of the City and County, which shall include officers of the City 
and County, of the unified school district and of the parking authority of 
the City and County. 

12.203 Health Service System Fund 

The health service system fund shall be a trust fund to be 
administered by the health service system board in accordance with the 
provisions of this Charter solely for the benefit of the active members and 
retired members of the health service system. Administrative costs of the 
health service system, as adopted by the board of supervisors in the annual 
budget, shall be funded by the trust fund. 



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Article 13 - Commission Draft of July 21, 1980 - iw 

ARTICLE XIII 
ELECTIONS 

13.100 City and County Elections 

There shall be a general municipal election to fill the elective 
offices of the City and County, other than those filled at the time of a 
statewide election. 

With respect to each elective office of the City and County, if 
no candidate for the office receives a majority of the votes cast at an 
election for such office, the two candidates receiving the most votes 
thereby qualify to have their names placed on the ballot for a runoff 
municipal election. 

The board of supervisors shall maintain a fund sufficient to pay 
all costs and expenses of the City and County with respect to a special 
municipal election, and such fund shall be used solely to pay the costs of 
such an election. Upon payment of any such costs or expenses, an 
appropriation shall be made in the next succeeding appropriations ordinance 
sufficient to reimburse the fund. 

All laws of the State of California with respect to elections 
shall apply to elections in the City and County, except as otherwise 
provided by this Charter or ordinance and consistent with state law. 

13.101 Terms of Elective Office 

Except in the case of an appointment or an election to fill a 
vacancy, the term of office of each elected official shall commence at 
12:00 noon on the second Monday in January following the date of election. 

Subject to provisions for runoff elections, where such apply: 

At the primary election in 1980 and every fourth year thereafter, 
four members of the board of education and four members of the governing 
board of the community college district shall be elected. 

At the general municipal election in 1981 and every fourth year 
thereafter, supervisors from even numbered districts, a city attorney, and 
a treasurer shall be elected. 

At the general election in 1982 and every fourth year thereafter, 
3 members of the board of education, and 3 members of the governing board 
of the community college district shall be elected. 

At the primary election in 1982 and every fourth year thereafter, 
an assessor and a public defender shall be elected. 

At the general municipal election in 1983 and every fourth year 
thereafter, a mayor, supervisors from odd numbered districts, a sheriff, 
and a district attorney shall be elected. 



1301 



Article 13 - Commission Draft of July 21, 1980 



No person shall be eligible for a period of one year after the 
last day of service as mayor or member of the board of supervisors for 
appointment to any full-time position carrying compensation with the City 
and County. 

13.102 Registrar of Voters 

The registrar shall register voters, conduct elections, establish 
precincts, certify petitions, appoint election officers and be responsible 
for all other matters pertaining to elections in the City and County. 

13.103 Nomination 

Not less than 60 days prior to a general or special municipal or 
statewide election each person wishing to be a candidate for an elective 
office shall file with the registrar of voters: 

1. A declaration of candidacy in such form as shall be 
prescribed by the registrar of voters; 

2. A filing fee of two percent of the current annual salary for 
the office sought or the signatures of such number of electors as is 
required by 1 aw; and 

3. Signatures of not less than 20 nor more than 30 electors, 
who, in the case of elections by district, shall reside in the respective 
districts. 

Upon fulfillment of these requirements, the registrar of voters 
shall certify the candidate as nominated and place the name on the ballot. 
A candidate may withdraw such candidacy at any time up to 50 days prior to 
the election by filing with the registar a statement of withdrawal signed 
by such candidate. 

The registrar of voters shall preserve for a period of four 
years, in a manner accessible to the public, all declarations, signatures, 
and lists of sponsors filed pursuant to this Section 13.103. 

13.104 Qualification 

Each candidate for an elective office of the City and County 
shall be an elector, and each elected officer shall continue to be an 
elector during the term of the office. In the case of elections by 
district the candidate or officer shall also reside in the particular 
district. 

13.105 Precincts 

The registrar of voters shall appoint election officers for each 
precinct for each general, runoff and special municipal election. 

The registrar of voters may withhold the pay of any election 
officer who neglects, disregards or violates election laws. 



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Article 13 - Commission Draft of July 21, 1980 - iw 

13.106 Election Material Mailed to Voters 

A voter's pamphlet including a sample ballot, candidates' 
statements, lists of sponsors, arguments for and against each ballot 
measure, any financial impact statements prepared by the controller, and 
arguments for and against the recall of any officers shall be mailed to 
each elector so as to be received at least ten days prior to each general, 
runoff or special municipal election. 

13.107 Electors; Eligibility 

The registrar of voters shall qualify electors as voters as 
prescribed by law. 

13.108 Determination of Election Results 

The canvass of voters, canvass of returns, declaration of 
elections and certification of elections shall be made as prescribed by 
law. If a person elected fails to qualify, the office shall be filled in 
the manner prescribed by this Charter for the filling of a vacancy in such 
office. 

13.109 Reporting of Campaign Financing 

The board of supervisors shall by ordinance prescribe 
requirements for campaign contributions and expenditures and any 
limitations thereon with respect to candidates for elective office and 
ballot measures in the City and County. 



1303 



Article 14 - Commission Draft of July 21, 1930 - iw 

ARTICLE XIV 
INITIATIVE, REFERENDUM AND RECALL 

14.100 General 

Except as otherwise provided in this Article, the voters of the 
City and County shall have the power to enact initiatives and the power to 
nullify ordinances by referendum. 

An elected official of the City and County may be recalled by the 
voters as provided by this Charter and by the laws of the State of 
California, except that no recall petition shall be filed with respect to 
any officer who has held office for less than six months. 

Declarations of policy may be proposed as provided in Section 
2.115 of this Charter. 

14.101 Initiatives 

By petition, the voters may propose an initiative. Such 
petition, when signed by voters in a number equal to at least five percent 
of the votes cast for mayor in the last preceding general municipal 
election at which a mayor was elected, shall be submitted by the registrar 
of voters to a vote of the electorate. Such vote shall occur at the next 
statewide election or general municipal election that shall occur at any 
time after 90 days from the date of the certificate of sufficiency attached 
to the petition accompanying such measure unless the board of supervisors, 
by ordinance, directs that the measure be voted upon at a special municipal 
election. If the petition accompanying a proposed initiative is signed by 
voters in a number equal to at least ten percent of the votes cast for 
mayor in the last preceding general municipal election at which a mayor was 
elected, and contains a request that the initiative be submitted forthwith 
to voters at a special municipal election, the registrar of voters shall 
promptly call such an election. Such special municipal election shall be 
held not less than 60 nor more than 75 days from the date of calling the 
same, at which election the initiative shall be submitted to voters, unless 
it is within 60 days of a general or primary election, in which event it 
shall be submitted at such general or primary election. 

Except for any amendment to this Charter, the mayor or one third 
of the board of supervisors may propose an initiative to be submitted to 
the voters at the next general municipal election or statewide election. A 
majority of the board of supervisors may call a special election with 
respect to an initiative, unless it is within 60 days of a general 
municipal election or statewide election, or may propose any amendment to 
this Charter. 

No initiative or declaration of policy approved by the voters 
shall be subject to veto, or to amendment or repeal except by the voters, 
unless such initiative or declaration of policy shall otherwise provide. 



1401 



Article 14 - Commission Draft of July 21, 1980 - iw 

14.102 Referendum 

Referendum petitions shall be signed by a number of voters equal 
to at least ten percent, or, in the case of any ordinance granting any 
public utility franchise, at least five percent, of the total number of 
votes cast for mayor in the last preceding mayoral election. 

A referendum proposed by a majority of the board of supervisors 
shall be voted on at a general or special municipal election within 30 days 
of the date the board of supervisors votes to place the measure on the 
ballot. 

14.103 Recall 

A recall petition other than with respect to a member of the 
board of supervisors, shall include the signatures of voters in a number 
equal to at least ten percent of the votes cast for mayor at the last 
preceding mayoral election. A recall petition with respect to a member of 
the board of supervisors shall include the signatures of voters residing 
within the supervisorial district which such member represents in a number 
equal to at least fifteen percent of the votes cast for mayor in such 
supervisorial district. A recall petition shall state the grounds on which 
the recall is based. 

Upon certification of sufficiency of the recall petition by the 
registrar, the registrar shall forthwith call a special municipal election, 
to be held at a date not less than 60 nor more than 75 days from the date 
of its calling at which said recall shall be submitted to voters, unless 
within 60 days of a general or primary election, in which event it shall be 
submitted at such general or primary election. 

14.104 Petitions - Withdrawal of Signatures 

A person signing a petition for initiative, referendum or recall 
may withdraw his or her name from such petition by filing with the 
registrar of voters a verified revocation of that signature prior to the 
filing of such petition itself. 

14.105 Elections Code 

The board of supervisors shall adopt an elections code, with such 
terms and provisions as are not inconsistent with this Charter. 



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Article 15 - Commission Draft of July 21, 1980 - iw 

ARTICLE XV 
MISCELLANEOUS PROVISIONS 

15.100 Cable Cars 

In the conduct of the municipal railway there shall be maintained 
and operated cable car lines as follows: 

1. A line commencing at Powell and Market Streets; thence along 
Powell Street to Jackson Street; thence along Jackson Street to Mason 
Street; thence along Mason Street to Columbus Avenue; thence along Columbus 
Avenue to Taylor Street; thence along Taylor Street to a terminal at Bay 
Street; returning from Bay and Taylor Streets along Taylor Street to 
Columbus Avenue; thence along Columbus Avenue to Mason Street; thence along 
Mason Street to Washington Street; thence along Washington Street to Powell 
Street; and thence along Powell Street to Market Street, the point of 
commencement. 

2. A line commencing at Powell and Market Streets; thence along 
Powell Street to Jackson Street; thence along Jackson Street to Hyde 
Street; thence along Hyde Street to a terminal at Beach, returning from 
Beach and Hyde Streets along Hyde Street to Washington Street; thence along 
Washington Street to Powell Street; thence along Powell Street to Market 
Street, the point of commencement. 

3. A line commencing at Market and California; thence along 
California Street to a terminal at Van Ness Avenue; returning from Van Ness 
Avenue along California Street to Market Street, the point of commencement. 

To fully effectuate the intent of this Section 15.100, the public 
utilities commission shall maintain and operate said lines at the normal 
levels of scheduling and service in effect on July 1, 1971; provided, 
however, that nothing herein contained shall prevent the commission from 
increasing at any time the said levels of scheduling and service. 

The fare on any cable car line shall not exceed the local fare 
under the provisons of this Charter for other types of carrier equipment 
employed in the operation of the San Francisco Municipal Railway. 

15.101 Acquisition of Public Utilities 

It is the declared purpose and intention of the people of the 
City and County, when public interest and necessity demand, that public 
utilities shall be gradually acquired and ultimately owned by the City and 
County. Whenever the board of supervisors shall determine that the public 
interest or necessity demands the acquisition, construction or completion 
of any public utility or utilities by the City and County, or whenever the 
electors shall petition the board of supervisors, as provided in Article 
XIV of this Charter, for the acquisition of any public utility or 
utilities, the supervisors must procure a report from the public utilities 
commission thereon. 



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Article 15 - Commission Draft of July 21, 1980 - iw 

15.102 Appropriations for Maintenance of Certain 
Cultural Facilities 

The board of supervisors shall annually appropriate: 

1) to the war memorial and performing arts center commission an 
amount sufficient to defray the cost of maintaining, operating and caring 
for the war memorial and performing arts center; 

2) to the fine arts museums commission an amount sufficient for 
the purpose of maintaining, operating, providing for the security of, 
expanding, and superintending the fine arts museums and for the purchase of 
objects of art, literary productions, and otner personal property; 

3) to the Asian art commission an amount sufficient for the 
purpose of maintaining, displaying, and providing for the security of the 
City and County's collection of Asian art; 

4) to the California Academy of Sciences funds necessary for the 
maintenance, operation, and continuance of the Steinhart Aquarium. The 
board of supervisors shall have the power to furnish to the California 
Academy of Sciences such funds as the board shall deem proper for the 
maintenance, operation, and continuance of any or all other of said 
buildings and improvements heretofor or hereafter erected. 



15.103 Open Space Acquisitions and Park 
Renovation Fund 

There shall be an open space acquisition and park renovation 
fund, to be administered by the recreation and park commission. Monies 
therein shall be appropriated, transferred, expended or used as provided 
for herein for those recreation and open space purposes determined by the 
planning commission to be consistent with the recreation and open space 
element of the general plan of the City and County and in accordance with 
the "Recreation and Open Space Programs" to implement the recreation and 
open space element approved by the planning commission on July 19, 1973, as 
from time to time modified by a majority vote of each of the planning 
commission and recreation and park commission meeting jointly, and with the 
concurrence of the board of supervisors. The recreation and open space 
element of the comprehensive plan and the "Recreation and Open Space 
Programs," as from time to time modified, shall continue to identify 
neighborhoods which are in special need of recreation and open space 
facilities, and shall designate such neighborhoods as "high-need 
neighborhoods." Monies in the open space acquisition and park renovation 
fund shall be used to acquire by purchase, lease, exchange, eminent domain 
or otherwise, real property, interests therein, and improvement and 
development rights thereon and to develop and maintain land so acquired. 
Lands currently under the jurisdiction of the San Francisco Port Commission 
may be acquired by lease or otherwise and may be leased and administered 
with the funds provided for herein for purposes consistent with this 
Section. The recreation and park commission and the San Francisco Port 
Commission are hereby authorized to enter into contracts appropriate to 
carry out the purposes of this Section. 

There shall continue to be imposed, for a period of 15 years 

1502 



Article 15 - Commission Draft of July 21, 1980 - iw 

starting with the fiscal year 1975-1976, an annual tax of $0.10 for each 
$100 assessed valuation to be utilized for the purposes provided for in 
this Section. Revenues obtained thereby shall be in addition to, and not in 
place of, any sums normally budgeted for the recreation and park 
commission, and, together with interest earned thereon, shall be deposited 
into the open space acquisition and park renovation fund. In addition, all 
grants, gifts, and bequests paid to the City and County for open space 
acquisition and park renovation, and interest earned thereon, unless 
otherwise restricted, shall be deposited into the fund. Establishment of 
this fund is not intended to preclude any other similar programs or any 
similar use of funds by the City and County. All amounts paid into said 
fund shall be maintained by the treasurer, separate and apart from all 
other City and County funds, and shall be secured by his or her official 
bond. 

Monies in the fund shall be used for: (i) the acquisition and 
development of lands within or contiguous to "high-need neighborhoods," or 
lands on the northern waterfront and bay shoreline for recreation purposes; 
(ii) the acquisition and development of properties within the City and 
County for open space purposes; and (iii) the renovation of existing parks 
and recreation facilities within the City and County. 

Each year, monies in the fund shall be used to match, on a 
doll ar-for-dollar basis, private funds, grants, or donations given to the 
City and County for the purpose of renovating existing parks and 
recreational facilities up to an amount equal to 15 percent of the amount 
of the monies provided for the fund in that year. Each year, monies in the 
fund shall be used without a matching requirement for the purpose of 
renovating existing parks and recreational facilities up to an amount equal 
to ten percent of the amount of the monies provided for the fund in that 
year. Monies unspent in either category of this subsection after the end of 
one fiscal year shall be carried forward to the next fiscal year and shall 
be used only for the same purposes as they were originally set aside. 

The remaining monies shall be used as hereafter indicated in the 
following two paragraphs. 

In each of the first five years of the fund's existence, a 
minimum of 50 percent of the remainder of the monies in the fund shall be 
used to acquire real property, and at least 25 percent of the remainder of 
the monies in the fund shall be used for acquisition of properties within 
or contiguous to "high-need neighborhoods"; the balance of the remainder of 
the monies in the fund shall be used for administrative expenses and the 
maintenance and development of properties acquired through the fund. 

At any time after the end of five years, the proportion of funds 
to be used for acquisition as herein set forth, may be modified by the 
board of supervisors. At any time after the end of ten years, if the then- 
current "Recreation and Open Space Programs" no longer shows any lands 
appropriate for open space and recreation purposes, then the limitation 
that funds may only be used for the maintenance and development of 
properties acquired from the fund may be modified in whole or in part by 
the board of supervisors to provide that funds may be used to expand the 
maintenance and development of other properties held by the recreation and 
park department in "high-need neighborhoods" identified in the then current 



1503 



Article 15 - Commission Draft of July 21, 1980 - iw 

"Recreation and Open Space Programs." 

The recreation and park commission and the planning commission 
shall hold at least one joint public meeting annually and shal 1 at such 
time receive and review a report from the general manager of the recreation 
and park department on the implementation of the "Recreation and Open Space 
Programs," on expenditures made from the open space acquisition and park 
renovation fund, and on properties developed in the preceding year for 
recreation uses. The general manager of the recreation and park department 
shall also make general recommendations of further lands for acquisition, 
improvement, or development for approval by a majority of each of the 
recreation and park commission and the city planning commission meeting 
jointly, and with the concurrence of the board of supervisors. 

15.104 Law Library 

The San Francisco Law Library, established under an act of the 
Legislature approved March 9, 1870, shall be under the management and 
control of the board of trustees, which shall consist of seven appointive 
members of the San Francisco bar, and the mayor, the presiding judge and 
the three judges of the appellate department of the superior court, ex 
officio. All vacancies on said board shall be filled by said board. 

The board of trustees shall appoint and et its pleasure may 
remove a librarian, who shall be its executive officer, and such assistants 
as are necessary for the proper conduct and operation of the library. The 
salaries of the librarian and the assistants and employees shall be fixed 
by the board of supervisors as provided by this Charter for other City and 
County employees. 

The supervisors shall provide suitable and sufficient quarters 
for the law library, fix up and furnish the same and provide for the supply 
of necessary light, heat, stationery and other conveniences. The library 
shall be so located as to be readily accessible to the judges and the 
officers of the court. 

The county clerk and the clerk of the municipal court shall 
collect the fees provided for law libraries by general law and the fees so 
collected by such officers or by any officers under any other provisions of 
the law shall be paid to the treasurer of the law library monthly, and 
shall constitute a law library fund to be expended by the law library 
trustees in the purchase of books and periodicals, and in the establishment 
and maintenance of the law library. 

The judiciary, city, county and state officials, members of the 
bar and all inhabitants of the City and County shall have free access, use 
and enjoyment of the law library, subject to rules and regulations of the 
board of trustees. 

15.105 Citizen Participation; Publication of and 
Access to Public Documents 

The publication of and full public access to public documents, 
except for those subject to confidentiality, shall be as required by law. 



1504 



Article 15 - Commission Draft of July 21, 1980 - iw 

15.106 Franchises 

Franchises shall be granted by a competitive procurement process 
for not more than 25 years. 

15.107 Financial Disclosure 

All public officers, as defined by the laws of the State of 
California and including all the commissioners of the City and County, 
shall disclose financial information in accordance with such state law. 
The county clerk shall maintain all such records and be responsible for the 
enforcement of this Section. 

15.108 Recreation and Parks; Buildings and Lands 

The responsibilities of the City and County with respect to 
recreation and parks shall be limited as follows: 

1. No building or structure, except for nurseries, equipment 
storage facilities and comfort stations, shall be erected, enlarged or 
expanded in Golden Gate Park unless such action has been approved by a vote 
of two thirds of the members of board of supervisors; and 

2. No park land may be sold or leased for purposes other than 
recreation unless approved by a vote of the electors. 

15.109 Conflict of Interest 

Any elected official, member of any board or commission, and any 
employee of the City and County must disqualify themselves from making, 
participating in the making, or using their official positions to influence 
the making of any governmental decision which will forseeably have a 
material financial effect, distinguishable from its effect on the public 
generally, on any financial interest as defined in Government Code Section 
87103. No elected official, member of any board or commission, or any 
employee of the City and County shall be prevented from making or 
participating in the making of any decision to the extent his or her 
participation is legally required for the decision to be made. The fact 
that any elected official's, board or commission member's, or employee's 
vote as a member of a multi-member body is needed to break a tie does not 
make such person's participation legally required for purposes of this 
section. 

15.111 Taxpayers' Suits 

In the event that a taxpayer of the City and County institutes 
suit or other proceeding as provided by law against any officer, board or 
commission of the City and County in the name of said taxpayer on behalf of 
the City and County, if judgement be finally entered in such taxpayer's 
favor such taxpayer shall be allowed costs and also such reasonable 
compensation for attorney's fees as may be fixed by the court. 

15.112 California Academy of Sciences 

All buildings and improvements erected by or under the authority 



1505 



Article 15 - Commission Draft of July 21, 1930 - iw 

of the California Academy of Sciences, in or on proerty owned or controlled 
by the City and County, including but not limited to the Steinhart 
Aquarium, the original Natural History Museum, the Simson African Hall, and 
the additions housing, among other things, the Alexander F. Morrison 
Planetarium and Auditorium, are the property of the City and County. 
However, the buildings and improvements, and the activities and personnel 
therein shall be controlled exclusively by the California Academy of 
Sciences, except that employees of the City and County shall be subject to 
the civil service and salary standardization provisions, and City and 
County funds are subject to the financial provisions of this charter. 

The California Academy of Sciences shall submit to the mayor and 
board of supervisors an annual financial statement of its activities in 
connection with the operation of the buildings described in this section. 



1506 



Article 16 - Commission Draft of July 21, 1980 - iw 

ARTICLE XVI 

DEFINITIONS 

For all purposes of this Charter, the following terms shall have 
the meanings specified below: 

"Business day" shall mean any day other than a Saturday, Sunday 
or holiday on which governmental agencies of the State of California are 
authorized by law to close. 

"Confirm" shall mean the approval by a majority vote of the 
members of the board of supervisors. 

"Elector" shall mean a person qualified as an elector under the 
laws of the State of California and residing in the City and County. 

"General municipal election" shall mean the election to be held 
in the City and County on the Tuesday immediately following the first 
Monday in November in odd-numbered years. 

"Initiative" shall mean a petition of the voters with respect to 
any ordinance, act or other measure which is within the powers conferred 
upon the board of supervisors to enact or any legislative act which is 
within the power conferred upon any other board, commission or officer to 
adopt, or any amendment to this Charter or any declaration of policy. 

"Majority" of the members of the board of supervisors or any 
other board or commission of the City and County shall mean a majority of 
all members of such board or commission. 

"Notice" shall mean a public notice in the form and manner as 
shall be prescribed by ordinance, and shall include a filing with the clerk 
of the board of supervisors contemporaneously with such public notice. 

"Published" shall mean published in a newspaper of general 
circulation in the City and County. 

"Referendum" shall mean the power to nullify ordinances involving 
legislative matters; provided, however, that the referendum power shall not 
extend to any portion of the annual budget or supplemental appropriations, 
to ordinances authorizing the city attorney to compromise litigation or 
ordinances necessary to enable the mayor to carry out the mayor's emergency 
powers . 

"Special municipal election" shall mean, in addition to special 
elections otherwise required by law, the election called by (1) the 
registrar of voters with respect to (a) an initiative, referendum or 
recall, (b) a vacancy in the office of mayor or the board of supervisors 
and (2) the board of supervisors with respect to (a) bond issues, or (b) 
election of an officer not required to be elected at the general municipal 
election. 



1601 



Article 16 - Commission Draft of July 21, 1930 - iw 



"Statewide election" shall mean an election held throughout the 



state, 



"Voter" shall mean an elector wno is registered in accordance 
with the provisions of the laws of the State of California. 

"Removed for cause" shall mean that a member of a board or 
commission may be removed only upon the issuance of a written public 
statement by the mayor describing those actions taken by the individual 
which are the reasons for removal. 



1602 



Article 17 - Commission Draft of July 21, 1980 



ARTICLE XVII 
TRANSITION PROVISIONS 

17.100 Effective Date of Article 

This Article XVII shall take effect upon the filing of this 
Charter with the Secretary of State of the State of California. This 
Article shall remain in effect until the last act required to be done in 
this Article has been completed. 

17.101 Operative Date of this Charter; Effect 

on Charter of 1932; Initiative Ordinances 

This Charter shall be operative, and shall supersede the Charter 
of 1932, as recodified in 1971, and as amended (hereinafter referred to in 
this Article XVII as the "Charter of 1932"), July 1, 1981. 

The following Sections of the Charter of 1932 shall be deemed 
enacted into ordinance on the operative date of this Charter; provided, 
however, that each such Section deemed so enacted shall terminate three 
years from the operative date of this Charter unless such Sections are 
further reenacted into ordinance: 



2.100 


3.539 


3.640-3.643 


2.203 


3.540 


3.691-3.694 


2.203-3 


3.541 


6.207 


3.201 


3.542 


6.301-6.304 


3.301 


3.543 


6.306-6.310 


3.302 


3.544 


6.312 


3.303 


3.545 


6.313 


3.402 


3.546 


6.400-6.403 


3.501 


3.551 


6.406-6.408 


3.523 


3.552 


7.100-7.104 


3.529 


3.560 


7.200-7.206 


3.531 


3.570 


7.302-7.308 


3.533 


3.571 


7.400-7.405 


3.534 


3.572 


7.600-7.606 


3.535 


3.573 


7.701-7.703 


3.536 


3.590-3.599 


9.113-9.115 


3.537 


3.601 




3.538 


3.621-3.624 





Initiative ordinances shall not be published as part of this 
Charter, in an appendix or otherwise, but shall be published as provided in 
this Charter for other ordinances, and shall be included in any 
codification of ordinances as provided in this Charter. 

17.102 Effect of Enactment on Existing Law 

To the extent the provisions of this Charter, or provisions of 
the Charter of 1932, in effect immediately before the operative date of 

1701 



Article 17 - Commission Draft of July 21, 1S80 - iw 



this Charter, or the provisions of the Charter of 1922 transferred by 
enactment of this Charter to ordinance, are the same in terms or in effect 
as provisions of law enforced when this Charter becomes operative, tney 
shall be construed and applied as a continuation of those provisions. 

All provisions of law relating to or affecting the City and 
County in force when this Charter oecomes operative are hereby repealed and 
superseded only to the extent they are inconsistent with the provisions of 
this Charter. 

17.103 Obligations of Contract Not Impaired 

All rights, claims, actions, orders, obligations, proceedings and 
contracts existing on the operative date of this Charter shall not be 
affected by the adoption of tnis Charter, except that where functions, 
powers and duties have been reassigned, the office, agency or department to 
which the assignment is made shall have charge of the matter. 

17.104 Transfer of Functions, Powers and Duties 




cease to exist, and its functions, powers ana duties shall be transferred 
to the appropriate governmental unit created by this Charter or under the 
authority of this Charter. The board of supervisors and the mayor shall 
take all action necessary to provide for the orderly transfer of functions, 
authority and responsibility on or Defore the date of such transfer. 

As of the operative date of this charter, each board and 
commission of the City and County is required to prepare an annual report 
describing its activities, and file such report with the mayor and the 
clerk of the board of supervisors. All property, records and equipment 
related to the exercise of those functions, powers and duties which are 
reassigned by the terms or under the authority of this Charter shall be 
transferred to the office, agency or department to which the assignment is 
made. 

17.105 Establishment of Audit Committee of the Board of 
Supervi sors 

On or Defore the operative date of this charter, the board of 
supervisors shall establish an audit committee which shall consist of the 
president of the Doard of supervisors, who shall serve as chair, and two 
otner members of the board, appointed by the president. Members of the 
audit committee shall not be members of the finance committee; however, 
the chair of the finance committee shall serve ex-officio with no vote, 
the audit committee shall meet at least four times each year. 

The audit committee shall: 



Article 17 - Commission Draft of July 21, 1980 - iw 

a) maintain a direct and separate line of communication between 
the board of supervisors and the City and County's independent auditor; 

b) meet with the independent auditor to review the audited annual 
financial statement and the audtor's report on such matters as the quality 
and depth of management, adn compliance; 

c) recommend appropriate action to be taken by the board of 
supervisors to implement recommendations contained in the audit report; 

d) follow-up, as necessary, to ensure that approved 
recommendations are promptly implemented; and 

e) perform other duties as assigned by the board of supervisors. 

17.106 Changes in Offices and Positions 

Within 90 days after the operative date of this charter, the 
mayor shall appoint a deputy mayor for management and budget. 

The chief administrative officer serving on August 1, 1980 and 
the controller serving on August 1,1980 shall be appointed to the offices, 
respectively, of administrative officer and controller. These offices 
shall have the functions, powers, and duties assigned by this charter, and 
their initial terms shall expire on the second Monday in January of 1984. 

On the operative date of this charter, the administrative officer 
shall be responsible for the following functions until they are reassigned 
by the mayor or the board of supervisors: the departments of public works, 
weights and measures; the office of the coroner; the George R. Moscone 
Center Project; and the San Francisco Clean Water Program. 

17.107 Changes in the Term and Nature of 
Boards and Commissions 

Those members of boards and commissions incumbent on the 
operative date of this Charter shall continue to hold office until the 
expiration of their respective terms, as prescribed by this Charter. In 
furtherance of this Section, in cases where boards and commissions are 
appointed for staggered terms and divided into categories, the mayor shall 
designate which incumbent members shall belong to categories I, II, III and 
IV, respectively. 

Within 90 days after the operative date of this Charter, the 
mayor shall appoint sufficient members to boards and commissions to fill 
all vacancies which then exist because the number of members has been 
increased by this Charter. Newly appointed members shall meet the 
qualifications required by this Charter. The mayor shall make such 
appointments for terms of such lengths that the provisions for length of 
terms contained in this Charter shall be fulfilled at the earliest 
practicable time. 

The initial members of the fine arts museum commission shall be 
those trustees of the fine arts museums incumbent on the operative date of 
this Charter, except for the mayor and the president of the recreation and 

1703 



Article 17 - Commission Draft of July 21, 1980 - iw 

parks commission, whose terms shall end on that date. The remaining 
members shall nominate six persons to the mayor whose successors, after 
their terms expire, shall be appointed by the mayor as provided in this 
Charter. 

17.108 Official Fidelity Bonds 

The board of supervisors shall determine the initial fidelity 
bond requirements under this Charter within 90 days after the operative 
date of this Charter. Until the board of supervisors determines such 
requirements for officials of the City and County, the bonds existing on 
the operative date of this Charter shall be maintained. 

17.109 Transportation and Municipal Utilities 

The mayor and the board of supervisors shall authorize a study of 
the public utilities commission and the department of public works. This 
study shall state whether the transportation and utility functions 
performed under that commission's jurisdiction and by that department would 
be performed to the greater benefit of the citizens of the City and County 
by reassigning those functions to departments known as the department of 
transportation and the department of municipal utilities. Should the study 
so recommend, the mayor and the board of supervisors may create such 
departments and reassign such functions to those departments. A commission 
of five members, subject in all respects to the provisions for commissions 
of this Charter, shall be created for each department. Until such 
departments are created and such functions reassigned, the department of 
public works shall remain under the direction and control of the 
administrative officer. 

17.110 Rules, Regulations and Administrative Code 

Each officer, department, agency, board and commission 
responsible for rules and regulations of the City and County under this 
Charter shall, within 90 days of the operative date of this Charter, review 
all rules and regulations for which it is responsible and amend and adopt 
rules and regulations consistent with this Charter. An administrative code 
shall be enacted and printed to contain such rules and regulations within 
six months after the operative date of this Charter. 

17.111 Protection of Incumbents 

The changes in and transfers of functions, powers and duties 
which occur at the time this Charter becomes operative shall not affect or 
impair the rights or privileges of officers or employees of the City and 
County relating to appointment, rank, grade, compensation, tenure of 
office, promotion, discipline, removal, pensions and retirement, except as 
provided in this Charter and in no event shall such civil service rights to 
compensation and continued civil service status be impaired or reduced. 

Whenever a position previously within the classified municipal 
civil service is, pursuant to this Charter, designated exempt from the 
civil service provisions of this Charter, the individual incumbent in such 
position at the time this Charter becomes operative shall be transferred to 
that position, but his or her civil service rights to compensation and 

1704 



Article 17 - Commission Draft of July 21, 1980 - iw 

continued civil service status shall not be impaired or reduced. 

If by the terms of this Charter, or action taken by authority of 
this Charter: 

1. All or substantially all of the duties of any position exempt 
from the civil service provisions of the Charter of 1932 are transferred to 
another office, agency, or department, that position shall be transferred 
to that office, agency or department and the person holding the position on 
the operative date of this Charter shall continue to hold the position and 
perform the duties in that other office, agency, or department subject to 
the provisions of this Charter; 

2. The transfer of functions, powers or duties to offices, 
agencies and departments results in the modification or discontinuance of 
the duties of any position exempt from the civil service provisions of the 
Charter of 1932, the person holding that position on the operative date of 
this Charter shall be appointed to that position the duties of which, in 
the judgment of the mayor, are most nearly comparable to the duties 
previously being performed, and shall hold that position and perform the 
functions and duties of the position subject to the provisions of this 
Charter; 

3. All or substantially all of the duties of any civil service 
position are transferred to another office, agency or department, that 
position shall be transferred to that office, agency or department and the 
person holding the position on the operative date of this Charter shall 
continue to hold the position and perform the duties in that other office, 
agency or department subject to all the rights and privileges provided by 
the civil service provisions of this Charter; and 

4. The transfer of functions, powers or duties to offices, 
agencies and departments results in the modification or discontinuance of 
the duties of any civil service position, the person holding that position 
on the operative date of this Charter shall be transferred and appointed 
to, and shall be deemed qualified for, a new or reclassified position the 
duties of which are most nearly comparable to the duties previously being 
performed, without examination or further compliance with any civil service 
regulations governing transfers or appointments and without reduction of 
salary or loss of pay. 

17.112 Provisions Affecting Personnel and 
the Employment Relationship 

Within 90 days after the operative date of this Charter, the 
board of supervisors and the mayor shall take the necessary actions, 
including adequate appropriations and reassignment of personnel from other 
departments of the City and County, to establish and staff the personnel 
department and the employee relations office and to designate the chief 
labor negotiator for the City and County, as provided for by this Charter. 

The employee relations office and the chief labor negotiator 
shall assume and carry out their responsibilities and exercise their 
authority under this Charter from and after the completion of the action 
required by the preceding paragraph, and shall conduct the annual salary 



1705 



Article 17 - Commission Draft of July 21, 1980 - iw 



surveys required by Appendix A of this Charter for the fiscal year ending 
June 30, 1982, and negotiate memoranda of understanding with recognized 
employee organizations, for the fiscal year ending June 30, 1983. Until 
that time, authority and responsibility for the compensation of employees 
of the City and County shall continue as if the Charter of 1932 were still 
in effect. 

The personnel department shall begin its operations and the 
performance of its assigned functions not later than six months after the 
operative date of this Charter. 

17.113 Civil Service Rules 

The civil service commission shall adopt or reject civil service 
rules concerning recruitment, selection and appointment, so that they are 
consistent with this Charter, within six months after the personnel 
department begins its operations. The personnel director shall recommend 
such amendments to the civil service commission within three months after 
the personnel department begins its operations. All current rules and 
regulations shall remain in effect until superseded. 

17.114 Civil Service Examinations 

Examinations for civil service appointment, and protests of those 
examinations, shall be governed by and administered under the provisions of 
the Charter of 1932, and ordinances, rules and regulations adopted under 
the Charter of 1932, for one year after the operative date of this Charter, 
except that the personnel department shall have charge of such examinations 
when it begins operations. Thereafter, examinations for civil service 
appointment shall be governed by this Charter and the rules and regulations 
adopted under this Charter, such rules and regulations to be adopted to 
become operative not later than one year after the operative date of this 
Charter. 

17.115 Exempt Positions 

The board of supervisors and the mayor, through the budget for 
the fiscal year ending June 30, 1982, shall designate the positions exempt 
form civil service, within the categories provided in Article X of this 
Charter. 

17.116 Temporary, Limited-Tenure and 

Provisional Appointments 

The employment of all temporary, limited-tenure and provisional 
employees, appointed under the Charter of 1932, whose appointment does not 
meet the provisoins of this Charter, shall be terminated within five years 
of the operative date of this Charter at the rate of 15* or more in each of 
the first two years; thereafter, in accordance with the rules and 
regulations governing layoffs, except that such temporary, limited-tenure 
and provisional employees may qualify for certification as eligibles under 
rules and regulations expressly authorized by ordinance. Such ordinance 
may establish special credit for civil service examinations for years of 
service or, through other methods, recognize the service of such employees 
who have held such employment for more than six months at the operative 

1706 



Article 17 - Commission Draft of July 21, 1980 - iw 

date of this Charter. 

17.117 Salaries of Elected Officials 

The salaries of all elected officials shall remain at the level 
in existence on the effective date of this Charter until changed pursuant 
to the provisions of Section 2.121 of this Charter. 

[Separate Submission: An Amendment to Section 17.117 of the Proposed 
Charter for the City and County of San Francisco 

The salaries of all elected officials shall remain at the level 
in existence on the effective date of this Charter, except the salaries of 
the members of the board of supervisors, which shall be $18,000 annually, 
until changed pursuant to the provisions of Section 2.121 of this Charter.] 

17.118 Method for District Election of Supervisors 

[ Method will be added ] 

17.119 Method for City-wide Election of Supervisors 

[ Method will be added ] 



1707 



APPENDIX A - Commission Draft of 21 July 1930 -iw 



APPENDIX A 

Except as provided otherwise in the body of this Charter, the following 
provisions of the Charter of 1932, as amended through June, 1980, shall 
remain in effect. 

A8.402 Compensation of Teachers, Part-time Employees and 
Certain Other Groups 

L etc. ] 

[Appendix A will include the full text of the following sections: 

A8.402 - A8.411 Wage Formulas for Police, Fire, 

Muni, and Miscellaneous Employees 

A8.420 - A8.432 Health Service System Benefits 

A8.500 - A8.588-14 Retirement System, Old and New 

A8.324 Veteran's Preference 

A8.328 Rule of Three.] 



San Francisco Charter Commission 



Proposed 

CHARTER 

City and County of San Francisco 



AUG 1 1980 

SAN CO 

PUEUC LIBRARY 



Wilson Chang, 


tulaho Frausto 


Chairman 


James Haas 


Jack Morrison, 


Pat Jackson 


Vice Chairman 


Leo Jed 


Rodney Johnson, 


Haig G. Mardikian 


Secretary 


Pat Schultz 


Frank Fitch, 


Steven A Waldhum 


Treasurer 


Samuel W. Walker 


Thomas Cahill 


Jack Webb 


Aenes Chan 


Glen W. Sparrou, 




Executive Director 



170 Fell Street.Rcxmi KvSar. rtanciscuCA 94102 (415) 552-7HK7 



>an mncisco Charter Commission 



jn Chang, 
\air 

Morrison, 
ce Chair 
ey Johnson, 

cretary 

k Fitch, 

'.asurer 

vis CahiU 

s Chan 

io Frausto 

i Haas 

ickson 

ed 

G. MaTditian 

chultz 

n A Waldhom 

tel «K VKiUct 

Webb 

W Sparrou 1 , 
lecutive Director 



August 7, 1980 



Mr. Gilbert Boreman 

Clerk of the Board of Supervisors 

235 City Hall 

San Francisco, California 

Dear Mr. Boreman: 

It is with great pleasure that the San Francisco Charter Comriission 
submits to you its proposed Charter for the City and County. Attached 
are the original and two copies as requested. It is the desire of the 
Conmission that this Charter be submitted to the voters at the November 
4, 1980 general election. It is also the desire of the Conmission that 
it be "Proposition A" on the ballot. 

You will note that the Charter contains the signatures of all 
15 members of the Conmission. At its August 3, 1980 meeting the 
following resolution was passed by the Conmission: 

We the duly elected members of the San Francisco 
Charter Conmission have signed the proposed draft of 
the San Francisco City- County Charter submitted to 
the Clerk of the Board of Supervisors on August 7, 
1980. The signing of the Charter should not be con-, 
strued to indicate agreement with or approval of all 
portions of the proposed Charter, but rather to indicate 
our belief that the Charter should be submitted to 
the voters of San Francisco for their approval or 
disapproval at the November 4, 1980 general election. 

I believe you will find that the Conmission has discharged its duties 
in accordance with State law and we^trarisndr^the Charter to you for action. 




Chang 

Chairman 



WC:imw 

cc: Honorable Diarrne Feins tein 

Honorable members of the San Francisco Board of Supervisors 

Honorable George Agnost 

Jay Patterson, Registrar of Voters 



170 Rdl Street.Room 16. Sun FbnciscuCA 94102 (415) 552-7X87 



We the undersigned members of the San Francisco Charter 
CoTTTTission, created under the authority of the Constitution 
of the State of California Article XI, Section 3, and the 
Government Code Sections 34450 et seq . , hereby submit the 
above proposed Charter for the City and County of San Francisco 
for submission to the voters of San Francisco af?the ,s2a£e- 
wide general election November A, 1980. 

fa 



Subscribed and sworn 



f'ctary Public 

StMF-et Cilirfiu Fri.-.clcsi Ctl.ce Jvi i'.itno r.eunN 



^xyyxx XXXXXyx>:xxxxr<> . x? , xxx 

OFFICIAL SEAL 3 

H5^ JUNE R. WILSON 

\*J~i,j-J NOTARY PUBLIC CALIFORNIA 
SAN MATEO COUNTY 
sion Exrtjres July 2 198 
<XXX}#XXX^ttX ' 





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PRuPOSED CHARTER 
of the 
City and County of San Francisco 
TABLE OF CONTENTS 

Page 

Preamble - 102 

Article I - Existence and Powers of the City 

and County 103 

Article 11 - Legislative Branch 201 

Article III - Executive Branch - Office of the Kayor 301 

Article IV - Executive Branch - Boards, Commissions 

and Departments 401 

Article V - Executive Branch - Arts and Culture . . 501 

article VI - Other Elective Officers 601 

Article VII - Judicial Branch 701 

Article VIII - Education and Libraries 801 

Article IX - Financial Provisions 901 

Article X - Personnel Administration 1001 

Article XI - Employer-Employee Relations System . . 1101 

Article XII - Employee Retirement and Health 

Service Systems 1201 

Article XIII - Elections 1301 

Article XIV - Initiative, Referendum and Recall . . . 1401 

Article XV - Miscellaneous Provisions 1501 

Article XVI - Definitions 1601 

Article XVII - Transition Provisions 1701 

Appendix A - A 



101 



PREAMBLE 



In order to obtain the full benefit of home rule granted by the 
Constitution of the State of California; to improve the quality of urban 
life; to encourage the participation of all citizens and all sectors in the 
affairs of the City and County; to enable municipal government to meet the 
needs of the people effectively and efficiently; and to assure equality of 
opportunity to every resident; 

We, the people of the City and County of San Francisco, ordain 
and establish this Charter as the fundamental law of the City and County. 



102 



ARTICLE 1 
EXISTENCE AND POWERS OF THE CITY AKU COUNTY 



1.1U0 Name and Boundaries 

The City and County of San Francisco shall continue as a 
municipal corporation and as a county with such boundaries as are 
prescribed by law. 

1.101 Rights and Powers 

The City and County of San Francisco may make and enforce all 
ordinances and regulations in respect to municipal affairs, subject only 
to the restrictions ana limitations provided in this Charter, and in respect 
to other matters shall be subject to general laws. 

All rights and powers of a City and County which are not 
specified in this Charter may be exercised by the board of supervisors. 

1.102 Construction 

Tne rights and powers of the City and County under this Charter 
shall be construed liberally in favor of the City and County. 

1.103 Amendment 

This Charter may be amended in accordance with state law. 



103 



ARTICLE II 
LEGISLATIVE BRANCH 



2.100 Composition 

In order to provide in this Charter for the method of election, 
numbers of supervisors, dates of elections, and all other provisions 
incluaeJ in Article XVII at Sections 17.119 or 17.120, and in accordance 
with the method of election most recently approved by the voters of San 
Froiiciscc, the drafters of this Charter specify the following: 

The city attorney shall obtain a certification from the secretary 
of state of the State of California regarding the controlling provision in 
the San Francisco Charter governing the method of elections of members of 
the board of supervisors of the City and County of San Francisco in effect 
at 12:00 noon December 31, I960; and if the method of election of members 
of the board of supervisors as established in the 1932 Charter as amended 
is solely by supervisorial districts established by geographic boundaries 
then the provisions containea in Article XV11 Section 17.119 shall govern 
ana the provisions of 17.120 shall be of no force and effect and shall not 
be part of the revised Charter of the City and County of San Francisco as 
approved at the general election on November 4, 1960; and if the method of 
election of members of the board of supervisors as established in the 1932 
Charter as amended is by any other method of election then the provisions 
contained in Article XVII Section 17.120 shall govern and the provisions of 
17.119 shall be of no force and effect and shall not be a part of the 
revised Charter of the City and County of San Francisco as approved at the 
general election held on November 4, 1980. 

The board of supervisors shall consist of eleven members elected 
in the manner that is in effect on December 31, 1980 in accordance with the 
provisions of Sections 17.119 or 17.120. 



2.101 Districts 

[To be inserted from either 17.119 or 17.120 depending upon the 
method of election of supervisors in effect on 12/31/80 J 



2.102 Term of Office 

[To be inserted from either 17.119 or 17.120 depending upon the 
method of election of supervisors in effect on 12/31/80] 



201 



2.1u3 Vacancies 

If a vacancy shall exist on the board of supervisors because of 
trie death, resignation, permanent disability or the inability of a member 
to otherwise Carry out trie responsibilities of the office, the mayor shall 
appoint a qualified successor. Such appointee shall serve until the next 
general municipal or statewide election, at which time an election shall be 
helo to fill the unexpired term. 

2.104 heelings 

LFirst paragraph to be inserted from either 17.119 or 17.120 
depending upon the method of election of supervisors on 12/31/80] 

Notice of any meeting at a place other than the legislative 
chamber in city hall shall be published at least 24 hours in advance of 
such meeting. In case of an emergency affecting the safety of any meeting 
place, the president of the boara of supervisors may designate an 
appropriate location as the board's temporary meeting place. 



2.106 Quorum 

The presence of a majority of the members of the board of 
supervisors at a regular or special meeting shall constitute a quorum for 
the transaction of business. In the absence of a quorum, a smaller number 
of members may compel the attendance of absent members in the manner and 
under the penalties established by the board of supervisors. 



2.100 Calendar of Agenda Items 

A written agenda clearly and concisely describing each item of 
business to be considered at a regular or special meeting of the board of 
supervisors or any of its committees shall be made available to the public 
prior to the commencement of such meeting. In the case of the board of 
supervisors, such agenda, together with a statement of the time and place 
at which copies of proposed ordinances and resolutions may be obtained, 
shall be published at least one business day before each regular meeting 
and each special meeting of the board of supervisors. 



2.107 Ordinances and Resolutions 

The board of supervisors shall meet and transact its business 
according to rules which it shall adopt. 

The board of supervisors shall act only by written ordinance or 
resolution, except that it may act by motion on matters over which the 
board of supervisors has exclusive jurisdiction. An ordinance or 
resolution may be introduced before the board of supervisors by a member of 
the board, a committee of the board or the mayor, and shall be referred to 
and reported upon by an appropriate committee of the board. An ordinance 
or resolution may be prepared in committee and reported out to the full 



202 



board for action. Except as otherwise provided in this Charter, passage of 
an ordinance or a resolution shall require the affirmative vote of a 
majority of the members of the board at each required reading. 

An ordinance shall deal with only one subject matter, except that 
appropriations ordinances may cover appropriations with respect to any 
number of subjects. The title of each ordinance shall clearly reflect the 
content of the ordinance. 

Except as otherwise provided in Sections 2.1U9 and 2.110, 
passage of an ordinance shall require two readings at separate meetings of 
the board of supervisors, which shall be held at least five days apart. If 
an ordinance is amended at its second reading, the ordinance shall require 
a further reading prior to final passage. Resolutions shall require only 
one reading ana may be adopted upon introduction without reference to 
committee by unanimous affirmative vote of the members of the board of 
supervisors who are present, but in no event less than a quorum. 

All orainances, other than emergency and urgency ordinances, 
shall take effect on the specified date, but not earlier than 30 days 
following the date of passage. Resolutions may take effect immediately 
upon passage, or at such other time as shall be specified in the 
resolutions. No ordinance granting a franchise may be passed within 90 
days of its introduction. 



2.108 Veto Override 

The board of supervisors may enact an ordinance which has been 
vetoed by the mayor pursuant to Section 3.103 if, within 30 days after such 
veto, not less than two-thirds of the board of supervisors shall vote in 
favor of such ordinance, except as provided in Section 9.104. 

2.109 Emergency Ordinances 

An emergency ordinance may be passed in cases of public emergency 
affecting life, health or property. Emergency ordinances shall require 
only one reading, and the affirmative vote of two-thirds of the board of 
supervisors shall be required for the passage of an emergency ordinance. 
Tne form and manner of introduction of an emergency ordinance shall be as 
required for ordinances generally, and in addition an emergency ordinance 
shall contain: 1) a declaration setting forth the existence of the 
emergency; 2) a clear and concise description thereof; and 3) an 
explanation of how the measures in the ordinance will address the 
emergency. 

An emergency ordinance shall be effective upon passage and shall 
automatically terminate on the 61st day following passage. An emergency 
ordinance may be reenacted upon the same terms and conditions applicable to 
its initial enactment. Any appropriation contained in an emergency 
ordinance shall be deemea to be an amendment to the final appropriations 
ordinance. 

An emergency ordinance may suspend specific sections of this 

203 



Charter, but may not levy taxes, grant, renew or extend a franchise, 
regulate the rate charged by any public utility for its services, set 
salaries, issue bonds, or buy, sell or lease land. 

2.11U Urgency Ordinances 

Wnen expeditious legislative action is required in order to 
respond to an unanticipated event that is not a public emergency affecting 
life, heal tii, or property, as provided in Section 2. IOC of this Charter, 
the board of supervisors, after a public hearing, may adopt an urgency 
ordinance by the affirmative vote of two-thirds of its members after only 
one reeding. An urgency ordinance shall be effective upon passage. 

The form and manner of introduction of an urgency ordinance shall 
De as required for ordinances generally, and in addition, an urgency 
ordinance shall contain: 1) a declaration setting forth the extent of the 
urgency; 2) the reasons the urgency ordinance is necessary; and 3) the time 
during which the urgency ordinance shall be in effect. An urgency 
ordinance may include any necessary appropriations. 

2.111 Records of Proceedings 

The clerk of the board of supervisors shall keep a permanent 
public record of the proceedings of the board showing all action considered 
and taken, the text of ordinances and resolutions voted upon and the vote 
of each member of the board regarding any matter before the board. The 
clerk of the board shall cause the text of all ordinances or resolutions 
passed by the board to be readily available to the public. 

2.112 Kates, Fees and Similar Charges 

The board of supervisors may review and reject any rate, fee, or 
similar charge established by any department, official, or board or 
commission pursuant to Section 4.102 (3) of this Charter, except those 
established by the port commission, or under the Refuse Collection and 
Disposal Ordinance of November 8, 1932 as amended. The board of supervisors 
shall determine by ordinance the rates, fees, and similar charges subject 
to its review. 

No rate, fee, or similar charge determined by the board of 
supervisors to be subject to its review shall take effect for 30 days 
following adoption by the department, board, commission or official having 
responsibility for such rate, fee, or similar charge. Unless rejected by 
the board of supervisors within 30 days following its adoption, such rate, 
fee, or similar charge shall be deemed approved; provided however, that it 
shall require a two-thirds vote of the board of supervisors to reject any 
schedule of rates, fees or charges adopted by the airport commission. 



204 



2.112 Sale or Lease of Real Property 

Any lease of real property for a period of ten or more years 
under which tne City and County is a lessor, and any sale of real property 
owned by the City and County, shall be approved by resolution of the board 
of supervisors, prior to such lease or sale. Leases of property under the 
jurisdiction of the port commission for maritime use shall be exempt from 
the requirements of this Section 2.113. 

2. IK Abandonment of Transit Routes 

Any abandonment of a transit route by any department of the City 
and County shall be reviewed for approval or rejection by the board of 
supervisors in a manner prescribed by ordinance. 

2.115 Fidelity Bonds 

The boord of supervisors shall determine which officials of the 
City and County shall be required to post fidelity bonds and the respective 
amounts of any such bonds. An annual review' of bonding requirements shall 
be conaucted by the board of supervisors. 

2.11o Hearings, Inquiries and Investigations 

The board of supervisors may require periodic or special 
reports of departmental costs, operation and expenditures, examine the 
books, papers, records and accounts of, ana inquire into matters affecting 
the conduct of any department or office of the City and County, and for 
that purpose may hold hearings, administer oaths, and subpoena witnesses 
and books, papers, and other evidence. It shall be the duty of the chief 
of police to designate a police officer to serve subpoenas. Any person 
refusing to comply with actions of the board of supervisors taken pursuant 
to this Section 2.11b shall be deemed in contempt and subject to 
proceedings and penalties as provided by law. 

The Doard of supervisors may delegate its powers under this 
Section 2. lib to a duly constituted committee of the board of supervisors 
or to a board or commission of the City and County. 



2.117 Declaration of Policy 

By the affirmative vote of one-third of the board of supervisors 
a declaration of policy may be submitted to the voters. Upon approval by 
the voters, the board of supervisors shall within 90 days of such approval 
take such actions within their powers as shall be necessary to carry such 
declarations of policy into effect. 

A special municipal election shall not be called with respect to 
a declaration of policy. 



205 



2. lie Legislative Referendum 

By the affirmative vote of one-third of its members, the board of 
supervisors may submit to the voters any matter on which the board of 
supervisors is empowered to pass. 



2.119 Nun-Interference in Administration" 

Except for purposes of hearings, inquiries and investigations, 
the boaru of supervisors, its committees and members shall deal with 
administrative matters of the City and County for which elective officials 
are responsible, solely through the official concerned. Neither the board 
of supervisors, its committees nor any of its members shall have any power 
or authority with respect to any appointment, promotion, compensation, 
disciplinary action, contract, requisition for purchase, or other 
administrative recommendation or action of department heeds or other 
appointee officers under elective officials. The board of supervisors 
shall deal with administrative matters of the City and County only in the 
manner prescribed by this Charter, and any violation of this prohibition 
shall constitute official misconduct. Notwithstanding this Section 2.119, 
a member of the board of supervisors may comment on administrative matters 
at a public meeting or through a letter, with a copy of such letter filed 
with the clerk of the board of supervisors, and made available for public 
inspection. 



2.120 Financial Audit 

The board of supervisors shall select a firm or firms of 
indepenuent accountants to audit and report upon the annual financial 
statements of the City and County. 

2.121 Legislative Analyst 

The board of supervisors shall appoint and may remove a 
legislative analyst who shall be responsible for such matters as the board 
in cy prescribe, including a regular review of the operations, management and 
expenditures of the City and County. 



2.122 President of the Board of Supervisors 

LTo be inserted from either 17.119 or 17.120 depending upon the 
method of election of supervisors in effect on 12/31/80] 

2.123 Staff to the Boaru of Supervisors 

The board of supervisors shall have the power to appoint a staff 
adequate to enable the board, its committees and members to perform their 
duties and carry out their responsibilities under this Charter. 

Tne board of supervisors shall appoint and may remove a clerk of 
the board who shall have charge of the office and records of the board and 



206 



its committees and its classified staff. The clerk of the board shall keep 
a public record of the proceedings of the board as provided by Section 
2.111 of this Charter and shall keep properly indexed files of all 
ordinances and resolutions. The clerk of the board shall be responsible 
for the publication, as required by law, of ordinances, resolutions and 
other matters acted on by the board for which publication is specified. 
The clerk of the board shall have such other duties and responsibilities as 
the board of supervisors may prescribe. - 

2.124 Compensation 

Within a balanced budget, the board of supervisors shall 
establish the salaries of all elected officials of the City and County 
after review ing salary surveys provided by the personnel department. The 
salary of each such elected official shall be consistent with the 
responsibilities of the office. Salaries established by the board of 
supervisors for its members shall not take effect until approved by a 
majority of the voters at the next succeeding general municipal or 
statewide election. 

The board of supervisors shall establish the compensation of 
members of boards, commissions and other units of government of the 
executive branch of the City and County. All such members shall receive 
equal compensation per meeting for their services. 



207 



ARTICLE III 
EXECUTIVE BRANCH - OFFICE OF THE MAYOR 



3.10U Powers and Responsibilities 

Toe mayor shall be the chief executive officer and the official 
representative of the City and County, and shall serve full time in that 
capacity. The nidyor shall enforce all laws relating to the City and 
County. 

The mayor shall have responsibility for: 

1. Coordination of administration of all departments and 
government a 1 units in the executive branch of the City 
and County; 

l. Coordination of all intergovernmental activities of the City 
and County, and nomination and, upon confirmation by the board of 
supervisors, appointment of representatives of the City and County to 
intergovernmental bodies; 

3. Receipt and examination of complaints relating to the 
administration of the affairs of the City and County, and immediate 
delivery of notice to the complainant of findings and actions taken; 

4. Assurance that appointees to various governmental positions 
with the City and County are qualified and are as representative of the 
communities of interest and diverse population of the City and County as is 
reasonably practicable, and are representative of both sexes; 

b. Submission of ordinances and resolutions by the executive 
branch for consideration by the board of supervisors; 

6. Presentation before the board of supervisors of a policies 
and priorities statement setting forth the mayor's policies and budget 
priorities for the City and County for the ensuing fiscal year; and 

7. Introduction before the board of supervisors of the annual 
proposed budget for the City and County. 

The mayor shall have the power to: 

1. Speak and be heard with respect to any matter at any meeting 
of the board of supervisors or any of its committees; 

2. As provided in Section 3.103 of this Charter, veto any 
ordinance passed by the board of supervisors; 

3. Appoint one or more deputy mayors and such other staff as may 
be needtd to perform the duties and carry out the responsibilities of the 

301 



mayor's of f i ce; 

4. Designate a member of the board of supervisors to act as 
mayor in the mayor's absence; 

5. In the event of a public emergency affecting life, health or 
property, marshal all the forces of the City and County for the maintenance 
of life, health or property; provided, however, that no action taken under 
this provision shall: a) remain in effect for more than five days unless 
authorized as an emergency ordinance in accordance with Section 2.109 of 
this Charter or (b) be among those prohibited in Section 2.109; 

6. Make an appointment tc fill any vacancy in an elective 
office of the City and County until a successor shall have been elected; 

7. Submit to the voters a declaration of policy or referendum on 
any matter on whicn the board of supervisors is empowered to pass; ana 

8. Have and exercise such other powers as are provided by this 
Charter or by law for the chief executive officer of a City and County. 

3.101 Term of Office 

The mayor shall serve a four-year term. No person shall serve as 
mayor for more than two successive terms. A part of a term that exceeds 

two years shall count as a full term. There shall be no limit on the non- 
successive terms that a person may serve. 



3.102 Vacancies 

If the mayor should be temporarily disabled, the president of the 
board of supervisors shall act as mayor until such time as the mayor shall 
return to office. 

If the office of mayor should become vacant because of death, 
resignation, permanent disability or the inability to carry out the 
responsibilities of the office, a mayoral election shall be held at the 
next general municipal or statewide election to fill the balance of the 
mayor's unexpired term. Upon the occurence of such a vacancy in the office 
of the mayor, the president of the board of supervisors shall become mayor 
and cease to be a member of the board of supervisors. 

3.103 Veto Power 

Any ordinance or resolution passed by the board of supervisors 
shall be promptly delivered to the mayor for consideration. If the mayor 
approves the ordinance or resolution, the mayor shall sign it and it shall 
become effective as provided in Section 2.107 of this Charter. If the 
mayor disapproves the ordinance or resolution, the mayor shall promptly 
return it to the board of supervisors without the mayor's signature, 
accompanied by a statement indicating the reasons for disapproval and any 
recommendations which the mayor may have. Any ordinance or resolution so 

302 



disapproved by the mayor shall become effective only if, subsequent to its 
return, it shall be passed by a vote of "the board of supervisors required 
by Section 2.108 of this Charter. Any ordinance or resolution shall become 
effective, with or without the mayor's signature, unless it is disapproved 
by the mayor and returned to the board of supervisors not more than ten 
days after the date the ordinance or resolution was delivered to the 
mayor's office for consideration. 

3.104 Administrative Officer 

The mayor shall appoint an adminstrative officer, subject to 
confirmation by the board of supervisors. The administrative officer may 
be removed by the mayor. The term of office of the administrative officer 
shall be concurrent with that of the mayor, and the officer may be 
reappointed by the mayor. 

The administrative officer shall be responsible for 
administrative services v-.ithin the executive branch as assigned by the 
mayor. The administrative officer shall have specific responsibility for 
administering policies and procedures regarding procurement, contracts, and 
permits, and for assuring that all contracts and permits are issued in a 
fair and impartial manner and that any inspections involved with the 
issuance of permits shall be carried out in a like manner. The 
administrative officer shall propose rules governing procurement and 
contracts to the board of supervisors for consideration. 



3.105 Deputy Mayor for Management and Budget 

The mayor shall appoint and may remove a deputy mayor for 
management and budget, who shall be responsible for the preparation of the 
annual budget; financial and operational planning; organization, program, 
and management analysis; and review and coordination of planning of the 
executive departments of the City and County. 



3.106 Controller 

The mayor shall appoint a controller for a six-year term, subject 
to confirmation by the board of supervisors. The controller may be removed 
by the mayor, with the concurrence of a majority of the board of 
supervisors. 

The controller shall be responsible for the timely accounting, 
disbursement or other disposition of monies of the City and County in 
accordance with sound financial practices applicable to municipalities and 
counties. 

Should the controller determine at any time during the fiscal 
year that the revenues of the general fund, or any special, sequestered or 
other fund are insufficient or appear to be insufficient to support the 
remaining anticipated expenditure from that fund for the fiscal year for 
any department, function or program, the controller shall reduce or reserve 
all or a portion of the expenditure appropriation until such time as the 

303 



controller determines that the anticipated revenues for the remainder of 
that fiscal year are sufficient to support the level of expenditure 
anticipated for the remainder of the fiscal year. Whenever the controller 
makes a reduction or reservation, the controller shall so inform the mayor 
and board of supervisors within 24 hours. 

The controller shall establish accounting records, procedures and 
internal controls with respect to all financial transactions of the City 
anJ County. Such records, procedures, and controls shall permit the 
financial statements of the City and County to be prepared in conformity 
with generally accepted accounting principles applicable to municipalities 
and counties. 

Tne controller shall within 120 days of the end of each fiscal 
year prepare an annual report of the financial condition of the City and 
County. Such annual report shall be prepared in accordance with generally 
accepted accounting principles. The annual report shall contain such 
information and disclosures as shall be necessary to present to the public 
a full and understandable report of all City and County financial activity. 

The controller shall prepare an impartial financial analysis of 
eacii City and County ballot measure which shall include the amount of any 
increase or decrease in the cost of government of the City and County and 
its effect upon the tax rate. Such analysis shall be issued in sufficient 
time to permit inclusion in the voters' pamphlet. 

The controller shall issue from time to time such periodic or 
special financial reports as may be requested by the mayor or board of 
supervisors. 



304 



ARTICLE IV 
EXECUTIVE BRANCH - BOARDS, COMMISSIONS AND DEPARTMENTS 

4.100 General 

In addition to the office of the mayor, the executive branch of 
the City and County shall be composed of departments, other units of 
government and appointive boards, commissions, and other units of 
government. To the extent law permits, each appointive board, commission, 
or other unit of government of the City and County of San Francisco 
established by state or Federal law shall be subject to the provisions of 
this Article and this Charter. 



4.1U1 Boards and Commissions - Composition 

Unless otherwise provided in this Charter, the composition of 
each appointive board, commission or other unit of government of the 
executive branch of the City and County shall: 

1) be representative of the communities of interest and diverse 
population in the City and County and have representation of both sexes; 

2) consist of electors at all times during the term of their 
respective offices. 

No person shall serve as a member of an appointive board, 
commission or other unit of government for more than two successive terms. 
Any member of an appointive board, commission or other unit of government 
whose term has expired may serve until a successor is appointed, but may 
not serve more than two successive terms. 

Vacancies on appointive boards, commissions or other units of 
government shall be filled for the balance of the unexpired term in the 
manner prescribed by this Charter or ordinance for initial appointments. 

In cases where this Article provides for the appointment of 
members of a board or commission for staggered terms, such board or 
commission shall be divided into categories I through IV, respectively. In 
cases of a board or commission with (i) five members, category I shall have 
two members, (ii) seven members, categories I, II, and III shall have two 
members and (iii) 15 members, categories I, II and III shall have four 
members and category IV shall have three members. Otherwise, each category 
shall have only one member. 

The terms of members in categories I, II, III or IV shall end on 
the Sunday preceding the second Monday in January of 1984, 1985, 1982 and 
1983, respectively, and every four years thereafter. 



401 



4.1u2 Boarus and Commissions - Powers and duties 

Unless otherwise provided in this Charter, each appointive board, 
commission or other unit of government of the executive branch of the City 
and County shal 1 : 

lj Formulate, evaluate and approve goals, objectives, plans and 
programs and set policies consistent with the overall objectives of the City 
and County as determined by the mayor and the board of supervisors; 

2) Review and approve the applicable departmental budgets prior 
to submission to the mayor, and any budget modifications or fund transfers 
requiring the approval of the board of supervisors; 

3) Establish rates, fees and similar charges with respect to 
appropriate items coming within their respective jurisdictions, subject to 
the discretionary review by the board of supervisors as provided in Section 
2.112 of this Charter; 

4) Conduct investigations into any aspect of governmental 
operations within its jurisdiction through the power of inquiry, and make 
recommendations to the mayor or the board of supervisors; and 

b) Exercise such other powers and duties as shall be prescribed 
by the board of supervisors. 

In furtherance of the discharge of its responsibilities, an 
appointive board, commission or other unit of government may: 

1) hold hearings and take testimony; 

2) retain temporary counsel for specific purposes, subject to the 
consent of the mayor after consul ation with the city attorney. 

Uo appointive board, commission or other unit of government shall 
involve itself in the administration of any department within its 
jurisdiction, except through the individual having administrative 
responsibility for such department. 

4.1U3 boards and Commissions - Rules and Regulations 

Unless otherwise provided in this Charter, each appointive board, 
commission or other unit of government of the executive branch of the City 

and County shall: 

1. Adopt rules and regulations consistent with this Charter and 
ordinances of the City and County. No rule or regulation shall be adopted, 
amenced or repealed, without a public hearing. At least two weeks' public 
notice shall be given for such public hearing. All such rules and 
regulations shall be filed with the clerk of the board of supervisors. 

2. Hold meetings open to the public and encourage the 
participation of interested citizens. Except for the actions taken at 
executive sessions, any action taken at other than a public meeting shall 

402 



be void. Executive sessions closed to the public may be held: 

(a) to consider the appointment, employment or dismissal of a 
public officer or employee or to hear complaints or charges brought against 
such officer or employee, except when a public officer or employee being 
considered for dismissal requests a public hearing; 

(b) to confer with legal counsel under circumstances in which the 
lawyer-client privilege may be invoked in conformance with state law; and 

(c) to confer with the attorney general, district attorney, 
sheriff or chief of police, or their respective deputies, on matters 
posing a threat to the security of public buildings or a threat to the 
public's right of access to public services or public facilities. 

3) Keep a record of the proceedings of each regular or special 
meeting. Such record shall indicate how each member voted on each question. 
These records shall be available for public inspection. 

The presence of a majority of the members of an appointive board, 
commission or other unit of government shall constitute a quorum for the 
transaction of business by such body. Unless otherwise required by this 
Charter, the affirmative vote of a majority of the members shall be 
required for the approval of any matter, except that the rules and 
regulations of the body may provide that, with respect to matters of 
procedure the body may act by the affirmative vote of a majority of the 
members present, so long as the members present constitute a quorum. Each 
member present at a regular or special meeting shall vote yes or no when a 
question is put, unless excused from voting by a motion adopted by a 
majority of the members present. 

4.104 PI anning Commission 

General 

The planning commission shall consist of seven members appointed 
by the mayor for staggered four-year terms. Members may be removed by the 
mayor for cause. 

The planning commission shall nominate a director of planning. 
The mayor shall appoint or reject the planning commission's nominee. The 
director of planning may be removed by the planning commission. The 
director of planning shall be chosen on the basis of administrative and 
technical qual ificiations, with special regard for experience, training and 
knowledge in the field of city planning. 

General Plan 

The planning commission shall adopt and periodically revise, 
after public hearing, a proposed general plan consisting of goals, policies 
and programs for the future social, economic, and physical development of 
the City and County. Before the proposed general plan or any revisions 
thereto shall become effective they shall be submitted to the board of 
supervisors for its approval or rejection. If the board of supervisors 



403 



shall fail to act within 9U days, the proposed general plan or amendments 
shall be deemed approved. The planning department shall periodically 
prepare special area, neighborhood and capital improvement plans designed 
to carry out the general plan, and periodically prepare implementation 
programs and schedules which link the general plan to the allocation of 
local, state and Federal resources. The planning department may make such 
other reports and recommendations to the mayor, board of supervisors and 
other offices ana governmental units as it may deem necessary to secure 
understanding and a systematic effectuation of the general plan. 

In preparing any plans the planning department may include plans 
for systems and areas within the Bay Region which have a planning 
relationship with the City and County of San Francisco. 



Referral of Certain Matters 

The following matters shall, prior to passage by the board of 
supervisors, be submitted for written report by the planning commission 
regarding conformity with the general plan: 

1. Proposed ordinances and resolutions concerning the 
acquisition of property by, or a change in the use or title of property 
owneu by, the City and County; 

2. Subdivisions of land within the City and County; 

3. Projects for the construction or improvement of public 
buildings or structures within the City and County; 

4. Project plans for public and private housing, or publicly 
assisted private housing in the City and County; 

b. Redevelopment project plans within the City and County; and 

6. Such other matters as may be prescribed by ordinance. 

The planning commission shall disapprove any proposed action 
referred to it upon a finding that such action does not conform to the 
general plan. Such a finding may be reversed by a vote of two-thirds of the 
board of supervisors. 

All such reports and recommendations shall be issued in a manner 
and within a time period to be determined by ordinance. 

Permits and Licenses 

All permits and licenses dependent on, or affected by, the 
zoning, or other ordinances administered by the planning department shall 
be approved by the planning commission prior to issuance. The planning 
commission may delegate this approval function to the planning department. 

Enforcement 

The planning department shall administer and enforce the zoning 



404 



and set-back ordinances. 

Zoning Amendments 

The planning commission may propose for consideration by the 
board of supervisors ordinances regulating or controlling the height, 
area, bulk, set-back, location, use or related aspects of any building, 
structure or land. An ordinance proposed by the board of supervisors 
concerning zoning shall be reviewed by the planning commission. 
Applications for the reclassification of property may be made by 
interested parties and must be reviewed by the planning commission. 

Notwithstanding the planning commission's disapproval of a 
proposal from the board of supervisors or the application of interested 
parties, the board of supervisors may adopt the proposed ordinance; 
however, in the case of any proposal made by the application of interested 
parties any such adoption shall be by a vote of not less than two-thirds of 
the board of supervisors. 

No application of interested parties proposing the same or 
substantially the same ordinance as that disapproved by the planning 
commission or by the board of supervisors shall be resubmitted to or 
reconsidered by the planning commission within a period of one year from 
the effective date of final action upon the earlier application. 

Zoning Variances 




4.105 Board of Permit Appeals 

General 

The board of permit appeals shall consist of five members 
appointed by the mayor for staggered four-year terms. Members may be 
removed by the mayor for cause. 

The board of permit appeals shall appoint and may remove an 
executive secretary. 

The board of permit appeals shall hear and determine appeals with 
respect to any person who has been denied a permit or license, or whose 
permit or license has been suspended, revoked or withdrawn, or who believes 
that his or her interest or the public interest will be adversely affected 
by the grant, denial, suspension or revocation of a license or permit. 



405 



After a hearing and any necessary investigation, the board of 
permit appeals may concur in the action of the department involved, or by 
the affirmative vote of four members (or if a vacancy exists, by a vote of 
three members) overrule the action of the department upon a determination 
that: 

1. The action was based upon an erroneous conclusion of law or 
understanding of a material fact; 

2. The action was based upon an administrative rule or 
regulation that is clearly unreasonable as applied to the mdtter under 
consideration; 

3. The departmental action was an abuse of discretion in 
applying relevant legal standards; 

4. No standards to guide administrative action were provided; 

5. Tlit applicant has detrimentally relied upon a permit 
improperly issued by the department involved; or 

6. The applicant has substantially complied with all legal 
requirements and has otherwise satisfied the purpose and intent of rules, 
regulations and ordinances and this Charter. 

Where the board of permit appeals exercises its authority to 
modify or overrule the action of a department, it shall state in summary 
its reasons in writing. 

Any variance from a strict application of the terms of an 
ordinance may be granted only to the extent and under the circumstances 
expressly permitted by this Charter and the relevant ordinance. 

Decisions of the board of permit appeals may be appealed to 
appropriate courts of law. Unless notice of an intent to appeal is filed 
with the board of permit appeals within thirty days of such decision and 
notice of appeal is filed with the court within the period of time 
established by law, such decisions shall conclusively determine the rights 
of the applicant and the City and County. 

4.106 Human Rights Commission 

General 

The human rights commission shall consist of 15 members appointed 
by the mayor for staggered four-year terms. Members may be removed by the 
mayor for cause. 

The human rights commission shall appoint and may remove a 
director. 

The human rights commission shall: 

1. Investigate complaints of unlawful discrimination against any 

406 



person because of race, color, creed, religion, national origin, age, 
disability, sex, or sexual orientation. The board of supervisors may, by 
ordinance, designate additional categories of individuals to be covered by 
thi s Section 4.106 (1 ); 

2. Ensure the civil rights of all citizens; 

3. Ensure that the affirmative action plans of each department 
of the City and County are current and are being properly implemented; and 
report on the implementation of such affirmative action plans to the mayor 
and board of supervisors; 

4. Promote understanding among the residents of the City and 
County and work cooperatively with governmental agencies, community groups 
and others to eliminate discrimination and the results of past 
discrimination by furnishing information, guidance and technical 
assistance; 

5. Study, investigate, mediate and make recommendations with 
respect to the solving of community-wide problems resulting in intergroup 
tensions and discrimination; 

6. Implement the provisions of ordinances prohibiting 
discrimination in all contracts and subsequent subcontracts, franchises, 
leases, concessions or other agreements for or on behalf of the City and 
County; and 

7. Issue such rules and regulations for the conduct of its 
business, and prepare such ordinances with respect to human rights for 
consideration by the board of supervisors as are necessary to carry out the 
purposes of this Section 4.1U6. 

In furtherance of its responsibilities set forth above, the human 
rights commission may hold hearings, issue subpoenas to require witnesses 
to appear and require the production of evidence, administer oaths, take 
testimony, and issue appropriate orders and petitions for court orders in 
such manner as may be prescribed by lav,. 

4.107 Fire Commission 

The fire commission shall consist of five members appointed by 
the mayor for staggered four-year terms. Members may be removed by the 
mayor. 

The fire commission shall nominate a fire chief. The mayor shall 
appoint or reject the commission's nominee. The fire chief may be removed 
by the fire commission. 

The fire commission shall act as a review body to investigate and 
decide disputed actions of the fire department or any of its members, by 
having the power to issue subpoenas to require witnesses to appear and 
require the production of evidence, administer oaths, and take testimony. 
The commission may hire investigators to fulfill this duty. 



407 



4.108 Pol ice Commission 

The police comrr. issic^ shall consist of five members appointed by 
the mayor for staggered four-year terms. Members may be removed by the 
mayor. 

The police commission shall nominate a chief of police. The 
mayor shall appoint or reject the commission's nominee. The chief of police 
may be removed by the police commission. 

The police commission shall act as a reviev, body to investigate 
and decide disputed actions of the police department or any of its members, 
Dy having the po\.er to issue subpoenas to require witnesses to appear and 
require the production of evidence, administer oaths and take testimony. 
Trie commission may hire investigators to fulfill this duty. 

4.109 Health Commission 

The iieal th commission shall consist of seven members appointed by 
the mayor for staggered four-year terms. Members may be removed by the 
mayor. 

The health commission shall nominate an executive of the 
department. The mayor snail appoint or reject the commission's nominee. Tne 
executive of the health department may be removed by the health commission. 



4.110 Social Services Commission 

Tne social services commission shall consist of seven members 
appointed by the mayor for staggereG four-year terms. Members may Dt 
removed by the mayor. 

Tne social services commission shall nominate the executive of 
the department. Tne mayor shall appoint or reject the commision's nominee. 
Tne executive of the social services department may be removed by the 
social services commission. 



4.111 Public Utilities Commission 

The public uti 1 ities commission shall consist of five members 
appointed by the mayor for staggered four-year terms. Members may be 
removea by the mayor. 

The public utilities commission shall nominate a general manager 
of puDlic utilities. The mayor shall appoint or reject the commission's 
nominee. The general manager of public utilities may be removed by the 

p^Dlic utilities commission. 



403 



4.112 Recreation and Park Commission 

The recreation and park commission shall consist of seven 
members appointed by the mayor for staggered four-year terms. Members may 
be removed by the mayor. 

The recreation and park commission shall nominate the executive 
of the department. The mayor shall appoint or reject the commission's 
nominee. The executive of the recreation and park department may be 
removed by the recreation and park commission. 



4.112 Port Commission 



The San Francisco Port Commission shall consist of five members 
u ho shall be appointed by the mayor, their appointment being subject to 
confirmation by the board of supervisors. Each of the members shall serve 
for a term of four years. They shall be subject to recall, suspension and 
removal in the same manner as an elected official. 

The port commission shall have the authority to nominate for 
appointment a port director who shall serve as the commission's chief 
executive. The mayor shall appoint a port director, and the director shall 
hold the office at the pleasure of the commission. 

The port commission shall have the composition and organization, 
and the pouers, duties, and responsibl ities with respect to the port that 
are set forth in the Burton Act, Statutes of 1968, Chapter 1333, as amended 
as of July 1,1980, and in the Agreement Relating to the Transfer of the 
Port of San Francisco from the State of California to the City and County 
of San Francisco, executed on the 24th day of January, 1969. 

The port commission shall be subject to the provisions of 
Sections 4.101-4.103 of this Charter, so far as those powers and duties are 
not inconsistent with the Burton Act and the Transfer Agreement as they are 
referrea to in the above paragraph. 

4.114 Airport Commission 

The airport commission shall consist of five members appointed 
by the mayor for staggered four-year terms. Members may be removed by the 
mayor. 

The airport commission shall nominate the airport director. 
The mayor shall appoint or reject the commission's nominee. The airport 
director may be removed by the airport commission. 

4.116 Departments - General Provisions 

Except as otherwise provided by this Charter, the 
responsibilities of each department within the executive branch shall be 
prescribed by ordinance. 

409 



The administration and management of each department within the 
executive branch shell be the responsibility of the official so designated 
by this Charter or, where permitted, by ordinance. Such officials may: 1) 
appoint individuals to fill all positions within their departments which 
are exempt from the civil service provisions of this Charter; 2) adopt 
rules and regulations governing matters within the jurisdiction of their 
respective departments; and 3) reorganize their respective departments. 

4.116 Pol ice Department 

The police department shall preserve the public peace, prevent 

and detect crime, and protect the rights of persons and property by 

enforcing the laws of the United States, the State of California and the 
City and County. 

The chief of police may appoint, and remove at pleasure, special 
pol ict officers. 

The chief of police shall have all powers which are now or that 
may be conferred upon a sheriff by the laws of the State of California with 
respect to the suppression of any riot, public tumult, disturbance of the 
public peace or organized resistance against the laws or public authority. 

Patrol Special Officers 

The police commission may appoint patrol special officers who 
shall be subject to rules and regulations as adopted by the police 
commission. The police commission may by resolution provide for 
disciplinary action against patrol special officers. 

Pdtrol specidl officers, or their legal heirs or representatives, 
who are designated by the police commission as owners of a certain beat or 
territory as may be fixed from time to time by the commission, may dispose 
of their interest in such beat or territory to a person approved by the 
police commission and eligible for appointment as a patrol special officer. 

District Police Stations 

The police department shall maintain and operate district police 
stations. The police commission, subject to the approval by resolution of 
the board of supervisors, may establish additional district stations, 
abandon or relocate any district station or consolidate any two or more 
district stations. 



4.117 Fire Department 

The fire department shall enforce all applicable laws pertaining 
to the prevention, protection, control and investigation of fires. 

The fire chief shall cause the fire department to inspect all 
occupied or vacated structures to determine compliance with applicable laws 
relative to fire prevention, protection and control and also the protection 



410 



uf persons and property from fire. 

The fire chief may during a conflagration cause to be removed any 
structure for the purpose of checking the progress of the conflagration. 

4.118 Executive Branch Reorganization 

Whenever the mayor determines that a reorganization is necessary 
in oraer to improve the effectiveness of the City and County's 
administration, the mayor may reorganize duties and functions between 
departments and other units of government within the executive branch. Such 
reorganization shall become effective 30 days after its issuance unless 
disapproved by the board of supervisors within 30 days of its issuance. 

A proposed reorganization shall provide for the transfer of: 

1. Civil service employees who are engaged in the performance of 
a function or duty transferred to another office, agency or department; 
such transfer shall not adversely affect status, position, compensation or 
pension or retirement rights and privileges; and 

2. Any unexpended balances of appropriations and other funds 
available for use in connection with any office, agency, department or 
function affecteo by the reorganization; any unexpended balance so 
transferred shall be used only for the purpose for which the appropriation 
was originally made, except as this Charter otherwise permits. 



411 



ARTICLE V 
EXECUTIVE BRANCH - ARTS AND CULTURE 



5.100 General 

Persons appointed to the commissions named in this Article 5.100 
shall be recognized for their broad knowledge, expertise and profound 
interest in the purposes for which the commissions to which they are 
appointed art established. 

All vacancies on commissions named in this Article shall be 
filled within 90 days of their occurence. Any member whose term has 
expired may serve until a successor is appointed but may not serve more 
than two successive terms. 

In cases where this Article provides for the appointment of 
members of a board or commission for staggered terms, such board or 
commission shall be divided into categories I through IV, respectively. 

In the case of the art commission, with 10 professional and 5 lay 
members, of the 11) members, categories I and II shall have three members, 
and of the 5 members, categories II, III, and IV shall have one member. In 
the case of the war memorial and performing arts center commission, with 
11 members, categories I, II and III shall have three members. Otherwise, 
each category shall have only two members. 

In the case of the Asian art commission, with 27 members, 
categories I, 11 and III shall have seven members, and category IV shall 
have six members. 

The terms of members in categories I, II, III or IV shall end on 
the Sunday preceding the second Monday in January of 1984, 1985, 1982 and 
1983, respectively, and every four years thereafter. 

Each commission may accept and shall comply with the terms and 
conditions of any gifts, devises, trusts, bequests or other agreements 
granting works of art or other contributions. 



5.101 Art Commission 

The art commission shall consist of 15 members appointed by the 
mayor for staggered four-year terms. Ten members shall be practicing arts 
professionals including two architects, a landscape architect, and 
representatives of the performing, visual and literary arts, and five 
members shall be lay members. Commission members may be removed by the 
mayor for cause. 

The art commission shall appoint and may remove a director. The 
director may appoint and remove deputy directors, with the concurrence of 
the commission. 



501 



The art commission shall encourage artistic av.'areness, 
participation and expression; assist independent local groups with the 
development of their own programs; promote the employment of artists, and 
those skilled in crafts, in the public and private sectors; provide liaison 
with state and Federal agencies to ensure increased funding for the arts 
from these agencies as well as represent arts issues in the respective 
governmental bodies; promote the continued availability of living and 
working space for artists within the City and County; and enlist the aid of 
all City and County governmental units in the task of ensuring the fullest 
expression of artistic potential by and among the citizens of San 
Francisco. 

In the furtherance of the above, the art commission shall: 

1. Approve the designs for all public structures, any 
private structure which extends over or upon any public property and any 
yards, courts, set-backs, or usable open spaces which are an integral 

portion of any such structures; 

2. Approve the design and location of all works of art before 
they are acquired or released by the City and County, or are placed upon or 
removed from City and County property, or are altered in any way; maintain 
and keep an inventory of works of art owned by the City and County; and 
maintain the works of art owned by the City and County. This provision 
shall not apply to works of art under the jurisdiction of the fine arts 
museums commission, the Asian art commission, or the California Academy 

of Sciences; 

3. Promote a neighborhood arts program to encourage and support 
an active interest in the arts on a local and neighborhood level, establish 
liaison between community groups and develop support for neighborhood 
artists and arts organizations; 

4. Supervise and control the expenditure of all appropriations 
made by the board of supervisors for the advancement of the visual, 
performing, or literary arts, except for appropriations made to the 
publicity and advertising fund; and 

5. Review and make recommendations to the administrative officer 
with respect to the allocation of funds appropriated to the publicity and 
advertising fund. 

Nothing in this Section 5.101 shall be construed to limit or 
abridge the legal powers or jurisdiction of the Asian art commission, fine 
arts museums commission, the war memorial and performing arts center 
commission, the California Academy of Sciences or the library commission. 

5.102 Asian Art Commission 

The Asian art commission shall consist of 27 trustees appointed by 
the mayor for staggered four-year terms who shall be exempt from the 
requirements of Section 4.101 (2) of this Charter. Members may be removed 
by the mayor for cause. The commission may provide through its rules and 

502 



regulations for the appointment of an executive committee, which shall have 
authority to act in all matters on behalf of the commission. 

The commission shall appoint and may remove the director of the 
Asian art museum. 

The Asian art commission shall: 

1. Develop and administer the Asian art museum; 

2. Control and manage the City and County's Asian art with the 
Avery Brundage collections as its nucleus; 

3. Create a foundation or other legal entity for development 
purposes; 

4. Promote, establish and develop an acquisition fund for Asian 
art objects; and 

5. Collaborate with groups to sponsor educational programs 
concerning Asian art and culture. 

5.103 Fine Arts Museums Commission 

The fine arts museums commission shall consist of 32 members, 26 
to be elected by the members of the commission, and six to be appointed, by 
the mayor. The six members may be removed by the mayor for cause. Members 
shall be exempt from the requirements of Section 4.101 (2) of this Charter. 
The commission may provide through its rules and regulations for the 
appointment of an executive committee, which shall have authority to act in 
all matters on behalf of the commission. 

The commission shall appoint and may remove a director of the 
fine arts museums. 

The fine arts museums commission, as trustees of the fine arts 
museums of the City and County, shall be responsible for the protection and 
conservation of the museum's assets and for setting the public course the 
museums will follow. The commission shall assure that the museums are 
open, accessible and vital contributors to the cultural life of the City 
and County, and that the museum's programs bring art appreciation and 
education to all the people of the City and County. 

The fine arts museums department, subject to the policy 
supervision of the fine arts museums commission, shall have exclusive 
charge of the maintenance, construction and operation of the fine arts 

museums and the lands set aside therefor. 



5.104 War Memorial and Performing Arts 
Center Commission 

The war memorial and performing arts center commission shall 
consist of 11 trustees appointed by the mayor and confirmed by the board of 



503 



supervisors for staggered four-year terms. In making appointments the 
mayor shall give due consideration to veterans. Members may be removed by 
the mayor for cause. 

The commission shall appoint and may remove the director of the 
war memorial and performing arts center. 

The war memorial and performing arts center director, subject to 
the policy supervision of the war memorial and performing arts center 
commission, shall have exclusive charge of the construction, maintenance 
and operation of the buildings which comprise the war memorial and the 
performing arts center and any additions thereto. 



504 



ARTICLE VI 
OTHER ELECTIVE OFFICERS 

6.100 Designation of Other Elective Officers 

In addition to the officers required to be elected under other 
Articles of this Charter, the following shall constitute the other elective 
officers of the City and County: the assessor, city attorney, district 
attorney, public defender, sheriff and treasurer. Each such officer shall 
be elected for a four-year term, and shall serve full time. 

The city attorney, district attorney and public defender shall 
each be licensed to practice law in all courts of the State of California 
and shall have been so licensed for at least five years preceding election. 
Such officers shall not engage in the private practice of law during the 
period they serve as elective officers of the City and County. 

Subject to the powers and duties set forth in this Charter the 
officers named in this Section 6.100 shall have such additional powers and 
duties prescribed by the laws of the State of California for their 
respective office. 

6.101 Assessor 

The assessor shall equitably and effectively administer the 
property assessment system of the City and County. 

6.102 City Attorney 

The city attorney shall: 



Represent the City and County in legal proceedings with 
hich it has an interest; 



1. 
respect to w 

2. Represent an officer or official of the City and County when 
directed to do so by the board of supervisors, unless the cause of action 
exists in favor of the City and County against such officer or official; 

3. Whenever a cause of action exists in favor of the City and 
County, commence legal proceedings when such action is within the knowledge 
of the city attorney or when directed to do so by the board of supervisors; 

4. Upon request, provide advice or written opinion to any 
elected officer, department head or board, commission or other unit of 
government or member thereof, of the City and County; 

5. Make recommendations for or against the settlement or 
dismissal of legal proceedings for or against the City and County to the 
board of supervisors prior to any such settlement or dismissal. Such 

601 



proceedings shell be settled or dismissed only by ordinance; 

6. Approve as to form all bonds, contracts and, prior to 
enactment, all ordinances, and examine and approve title to all real 
property to be acquired by the City and County; 

7. Prepare, review annually and make available to the public a 
codification of ordinances of the City and County then in effect; and 

8. Prepare and make available to the public an annual edition of 
this Charter complete with all of its amendments and legal annotations. 

6.102 District Attorney 

The district attorney shall: 

1. Investigate all allegations of violation of laws which the 
district attorney has the power to prosecute in court or before any other 
trier of fact; 

2. Prosecute all criminal cases in the appropriate courts and 
issut warrants for the arrest of persons charged with crimes to be 
prosecuted in such courts; 

3. Proceed in such civil cases as authorized by the law. 



6.104 Public Defender 

Trie public defender shall, upon the request of an accused who is 
financially unable to employ counsel or, upon order of the court, defend or 
give counsel or advice to any person charged with the commission of a crime 
or in danger of criminal prosecution. 



6.105 Sheriff 

The sheriff shal 1 : 

1. Keep the county jail; 

2. Receive all prisoners committed to jail by competent 
authorities; 

3. Execute the orders and legal processes issued by courts of 
the State of California; and 

4. Opon court order detail necessary bailiffs. 

6.106 Treasurer 

The treasurer shall be responsible for the collection of taxes, 
the receipt of all monies collected by the City and County and their 



602 



safeguard, deposit and investment in accordance with sound financial 
practices . 



U.1J7 Vacancies 

If the position of assessor, city attorney, district attorney, 
public defender, sheriff or treasurer shall become vacant because of death, 
resignation, permanent disability or the inability of the respective 
officer to otherwise carry out the responsibilities of the office, the 
mayor shall appoint an individual qualified under this Charter and the laws 
of the State of California. Such appointee shall serve until the next 
general municipal or statewide election, at which time an election shall be 
held to fill the unexpired term. 



603 



ARTICLE VII 
JUDICIAL BRANCH 

7.100 Municipal Court 

The powers and duties of the municipal court are as prescribed by 
state law. 

The judges of the municipal court shall meet at such times as the 
presiding judge may require, and shall prescribe such rules and regulations 
as are necessary and proper for the advancement of justice and prevention 
of delay in the business of the court. 

The presiding judge, acting through the clerk of the court, shall 
file with the board of supervisors an annual report of the business of the 
court covering the preceding year. 

The presiding judge of the municipal court shall supervise and 
direct the clerk of the municipal court. 

Any fees required to be collected by the municipal court or the 
clerk of such court shall be paid into the treasury of the City and County. 

7.101 Superior Court 

The powers and duties of the superior court are as prescribed by 
state law. The board of supervisors shall provide for the maintenance of 
the superior court in accordance with the financial provisions of this 
Charter. The superior court shall direct the functions and personnel of the 
office of county clerk. 

7.102 Probation Officers 

A majority of the superior court judges of the City and County 
shall select and the presiding judge shall appoint the chief adult 
probation officer and the chief probation officer of the juvenile court. 
Such officers may be removed only by a vote of a majority of the judges of 
the superior court. Prior to any such removal, either officer may request 
a hearing before a committee of five judges appointed by the presiding 
judge. The salaries of such officers, their assistants, deputies and 
employees shall be fixed by the board of supervisors. 



701 



ARTICLE VIII 
EDUCATION AND LIBRARIES 



8.1UU Unified School District 

The unified school district shall be under the control and 
management of a board of education composed of seven members who shall be 
elected by the voters of the unified school district. A student 
representative shall serve on the board of education in accordance with 
state lav.. No member of this board shall be eligible to serve on the 
governing board of the community college district. Vacancies occurring on 
the board of education shall be filled for the unexpired term by the mayor. 
The compensation for each member shall be $1U0 per month. 

The board of education shall have the power to employ teachers 
and other persons as may be necessary in accordance with state law and this 
Charter, and shall appoint the superintendent of the unified school 
district. The superintendent: 1) shall also be the superintendent of the 
County school district; 2) shall be the executive officer of the board of 
education; 3) shall have the powers and duties provided by state law and 
this Charter; and 4) may appoint and remove a confidential secretary. 
During the terms of their respective offices, the superintendent and the 
associate anG the assistant superintendents shall reside in the City and 
County. 

All positions, except positions to be filled by certificated 
and paraprofessional employees, shall be subject to the personnel 
provisions of this Cnarter. The compensation of these persons shall be 
fixed in accordance with this Charter. 



8.101 Unified School District, Administrators 

All heads of departments, principals, assistant principals, 
supervisors and directors shall be employed pursuant to four-year 
contracts, which contracts shall be subject to renewal based upon achieving 
and maintaining standards of performance as determined by the board of 
education. 



8.102 Governing Board of the Community College District 

The community college district shall be under the control and 
management of a governing board composed of seven members who shall be 
elected by the voters of the community college district. A student 
representative shall serve on the governing board in accordance with state 
law. No member of this board shall be eligible to serve on the board of 
education. Vacancies occurring on the governing board shall be filled for 
the unexpired term by the mayor. The compensation for each member shall be 
$100 per month. 



801 



The governing beard shall have the power to employ teachers and 
other persons as may be necessary in accordance v/itn state law and this 
Charter, and shall appoint the chancellor of the community college 
district. The chancellor: 1) shall be the executive of the governing board; 
Z) shall have the powers and duties provided by state law and this Charter; 
ano J) may appoint and remove a confidential secretary. During the terms of 
their respective offices, the chancellor and presidents of the community 
college district shall reside in the City and County. 

All positions, except positions to be filled by certificated 
ana paraprofessional employees, shall be subject to the personnel 
provisions of this Charter. The compensation of these persons shall be 
fixed in accordance with this Charter. 



B.1U3 Libraries 

Libraries including the 1 ibrary commission and the library 
department shall be a part of the executive branch. 

The library commission shall consist of seven members appointed 
by the mayor for staggered four-year terms. Members may be removed by the 
mayor for cause. 

Tne commission shall appoint the head of the library department 
who shall serve at its pleasure. 

The library department shall maintain and operate the library 
system of the City and County subject to the policy supervision of the 
1 iDrary commission. 



802 



ARTICLE IX 
FINANCIAL PROVISIONS 



9.1C0 Budget Process Ordinances 

The mayor shall submit and the board of supervisors shall act on 
ordinances with respect to the following: 

1. The establishment of the City and County's fiscal year; 

2. A schedule and procedures for the orderly preparation and 
submission of the annual proposed budget and for the review and adoption of 
the necessary interim and final appropriations ordinances; 

3. A description of the form of the annual proposed budget and 
appropriation ordinance consistent with the financial records required by 
Section 3.106 of this Charter and containing information relating the type 
and extent of services to be delivered or revenues to be generated to 
proposed expenditures in a manner which, to the extent feasible, allows 
comparison of expected performance and expenditures between various fiscal 
years; and 

4. A procedure to include public participation in the budgetary 
process which shall include public hearings conducted by the commissions, 
mayor and the board of supervisors. 



9.101 Annual ProposeG Budget 

The mayor shall submit to the board of supervisors each year an 
annual proposed budget and related appropriation ordinances. The annual 
proposed budget shall include: 

1. Estimated revenues and surpluses from whatever sources, to 
the extent feasible, for trie forthcoming fiscal year and the allocation of 
such revenues and surpluses to various departments, functions and programs 
to support expenditures. Proposed expenditures shall include such necessary 
and prudent reserves as determined by the controller; and 

2. A summary of the annual proposed budget with a narrative 
description of priorities, services to be provided, and economic 
assumptions used in preparing the revenue estimates. The summary shall also 
contain a discussion of trends and projections of revenues and expenditures 
of the City and County for the subsequent four years. 

The annual proposed budget and appropriation ordinances shall be 
balanced so that the proposed expenditures of each fund do not exceed the 
estimated revenues and surpluses of that fund. 

Ontil the appropriation ordinances are adopted by the board of 

901 



supervisors, the mayor mey submit to the board of supervisors revisions to 
the annual proposed budget and appropriation ordinances. 

The mayor may instruct the controller to prepare the draft 
appropriation ordinances. 

The mayor shall file a copy of the annual proposed budget at the 
main library and shall make copies of the budget summary available to the 
publ ic. 

9.102 Certification of Revenues Estimates 

The mayor shall submit to the controller for review the estimated 
revenues contained in the annual proposed budget and any subsequent 
revisions. The controller shall then provide the board of supervisors with 
a certification indicating the accuracy, economic assumptions underlying 
the revenue estimates and the reasonableness of such estimates and 
revisions. 



9.103 Adoption of Appropriation Ordinances and Tax Levy 

The board of supervisors may amend the annual proposed budget and 
appropriation ordinances as follows: 

1. After review of the controller's analysis of the mayor's 
revenue estimates, the board of supervisors may reduce proposed revenues; 
and 

2. The board of supervisors may increase or decrease any 
proposed expenditure in the general fund or any special, sequestered or 
other fund so long as the aggregate changes do not cause the expenditures 
from each fund to exceed the amount proposed for expenditures by the mayor 
from any such fund. 



9.104 Veto of Appropriations 

The mayor may reduce or reject any amendment to any expenditure 
made by the board of supervisors within ten days after the adoption of the 
final appropriations ordinance. Within ten days of receipt of the mayor's 
veto message, the board of supervisors may reinstate, in whole or in part, 
any expenditure reduced or rejected by the mayor by a vote of two-thirds of 
its members. In overriding any mayoral veto, the board of supervisors shall 
not cause the aggregate expenditures for the general fund or any special, 
sequestered, or other fund in the appropriation ordinances to exceed the 
mayor's revenue estimate as allocated to such funds. 



9.105 Modifications 

The board of supervisors may authorize the mayor, other 
officials, or boards or commissions of the City and County to transfer 
previously appropriated amounts within the same fund within the same 



902 



governmental unit without approval of the board of supervisors. 

Amendments to the appropriations ordinance, as finally adopted, 
ma.y be adopted in a manner to be determined by the board of supervisors. 

An,y appropriation contained in an emergency ordinance or an 
urgency ordinance shall be deemed to be an amendment to the final 
appropriations ordinance. 

9.106 Capital Improvements Program 

Not later than 90 days prior to the commencement of each fiscal 
year, the mayor shall be responsible for the preparation and submission to 
the board of supervisors of a proposed capital improvements program 
covering the next six years. 

The capital improvements program shall describe: 

1. All capital improvement projects planned; 

2. The source and amount of planned annual capital improvements 
expenditures; 

3. The estimated annual cost of operating and maintaining the 
facilities to be constructed or acquired and the assumptions underlying 
such estimates; 

4. The estimated annual revenues, if any, to be generated and 
the assumptions underlying such estimates; 

b. Project schedules providing for reconstruction, replacement 
or improvement of public buildings and structures; and 

6. Other information pertinent to the evaluation of the capital 
improvements program. 

All capital improvement projects must be reviewed by the planning 
department of the City and County for conformity with the general plan. 
The information in the capital improvements program may be modified or 
extended each year for capital improvements pending or in process of 
acquisition or construction. The board of supervisors may delete projects 
from the capital improvements program as submitted to it, but may not 
otherwise amend the program until it has requested and considered the 
recommendations of the planning department. However, the board of 
supervisors may act without such recommendations if they are not received 
within 30 days from the date requested. 

The board of supervisors shall adopt a capital improvements 
program as proposed or amended within 60 days after submission. The adopted 
capital improvement program shall serve solely as an advisory program for 
use during the budget process. 



903 



9.107 Facilities Maintenance Program 

The annual proposed budget shall contain the facilities 
maintenance program for the City and County. This program shall describe to 
the extent possible: 

1. Project schedules for the continuing maintenance and repair 
of public buildings and structures; 

2. A priority listing of the necessary maintenance, including 
the repair of all capital equipment, structures end grounas of departments 
or units of government of the City and County which are contained within 
the general fund; 

3. The amount of annual expenditures necessary for such 
maintenance; and 

4. Other information pertinent to the evaluation of the 
facilities maintenance program. 

9.108 General Obligation Bonds 

When permitted by the Constitution of the State of California, 
whenever the board of supervisors shall determine that the public interest 
or necessity requires the construction, acquisition, completion, remodeling 
or repair of any public improvement or work of the City and County, the 
cost of which will be too great to be paid out of the ordinary annual 
income and revenue of the City and County, the board of supervisors may, by 
ordinance, order the submission of the proposition of incurring bonded 
indebtedness, for the purpose set forth in such ordinance, to the voters of 
the City and County, at an election held for that purpose. Approval of such 
bonded indebtedness shall require the affirmative vote of two-thirds of the 
votes cast with respect to the proposition at the election. 



9.109 Revenue Bonds 

Revenue bonds may be issued only with the assent of a majority of 
the voters voting upon any proposition for the issuance of revenue bonds, 
except that no voter approval shall be required with respect to revenue 
bonds: 

1. Approved by nine members of the board of supervisors if the 
bonds dre to finance buildings, fixtures or equipment which are deemed 
necessary by the board of supervisors to comply with an order of a duly 
constituted state or Federal authority having jurisdiction over the subject 
matter; 

2. Approved by the board of supervisors prior to January 1, 
1977; 

3. For the purposes set forth in and pursuant to the provisions 
of the Marks-Foran Residential Rehabilitation Act of 1973, as amended; 



904 



4. Approved by the board of supervisors if the bonds are to 
establish a fund for the purpose of providing mortgage financing for the 
acquisition, construction, or rehabilitation of housing in the City and 
County; or 

5. For the purpose of acquiring, constructing, improving or 
developing grounds or facilities under the jurisdiction of the port 
commission. 

In connection with the issuance and sale of revenue bonds 
pursuant to this Charter, the board of supervisors may use any of the 
provisions of the Revenue Bond Law of 1941 as amended. 



9.110 Lease Financing 

The City and County may enter into public leaseback only with the 
assent of the majority of the voters voting upon any proposition for the 
entrance into public leaseback. As used in this Section 9.110 , public 
leaseback shall mean any lease, sublease, contract or other agreement made 
directly or indirectly between the City and County and any public agency or 
authority, a non-profit corporation or a retirement system ("leaseback 
corporation") under which payments provided by the City and County will be 
used, in whole or in part, by the leaseback corporation for payment of 
principal of or interest on its bonds, notes or other evidence of 
indebtedness. 



9.111 Refunding Bonds 

The board of supervisors is hereby authorized to provide for the 
issuance of bonds of the City and County for the purpose of refunding any 
general obligation or revenue bonds or any series or issue of bonds of 
the City and County then outstanding. In connection with the issuance and 
sale of refunding bonds the board of supervisors may use any applicable 
provisions of state law. 

9.112 Bond Election by Initiative 

Proceedings for the authorization and issuance of bonds for the 
acquisition, construction or completion of any public utility or utilities 
may be initiated by electors in the following manner: Whenever a petition, 
signed by qualified electors of the City and County equal in number to at 
least 15 percent of the votes cast for all candidates for mayor at the last 
preceding general municipal election for mayor, requesting the board of 
supervisors to submit to the voters of the City and County a proposition or 
propositions for incurring bonded indebtedness for the acquisition, 
construction or completion of any public utility or utilities shall be 
filed with the registrar of voters, the board of supervisors shall submit 
to the voters the proposition or propositions for incurring bonded 
indebtedness of the City and County for the purpose or purposes set forth 
in that petition at the next general municipal, statewide or special 
municipal election. 



905 



9.113 Sole of Bonds 

Bonds may be sold at public sale upon such terms and conditions 
us the board of supervisors deems to be in the public interest. Bonds may 
dl sold at d price below their par value; provided, however, that the 
discount on any bonds so sold shall not exceed six percent of their par 
val ue . 



905 



ARTICLE X 
PERSONNEL ADMINISTRATION 

10.100 Purpose 

The purpose of the personnel system of the City and County shall 
be: 

1. To recruit, select, and advance employees on the basis of 
their relative ability, knowledge and skill; 

2. To ensure fair treatment of employees and applicants in all 
aspects of personnel administration without regard to race, color, 
religion, sex, national origin, sexual orientation, political affiliation, 
age, disability or other nonmerit factors and with proper regard for their 
privacy and constitutional rights as citizens; 

3. To train employees as needed to assure quality performance; 
anc 

4. To provide methods for encouraging and evaluating management 
and employee performance. 

10.101 Civil Service Commission 

The civil service commission shall consist of five members 
appointed by the mayor for staggered four-year terms. The civil service 
commission shall be divided into categories I through IV, respectively. 
Category IV shall have two members. Each other category shall have one 
member. The terms of members in categories I, II, III or IV shall end on 
the Sunday preceding the second Monday in January of 1982, 1983, 1984 and 
1985, respectively, and every four years thereafter. Members may be 
removed by the mayor for cause for conduct in office which would tend to 
undermine the integrity of the merit principle in recruitment, selection 
and appointment, with the consent of the board of supervisors. 

The civil service commission shall appoint and may remove an 
executive secretary. 

The civil service commission shall have the power to conduct 
investigations into any aspect of the operation of the personnel system of 
the City and County and to make recommendations to the mayor and the board 
of supervisors. The civil service commission may require periodic reports 
from the personnel director in a manner and form which it shall prescribe. 

Appeal s 

The civil service commission shall hear appeals with respect to: 

1. Alleged improper action under, or denial of rights provided 
by, this Charter, ordinances and rules and regulations with respect to 



1001 



personnel practices of the City and County; 

2. Disputes concerning classification decisions of the personnel 

department; and 

3. Alleged violation of civil service rules and regulations, or 
fraud concerning examinations; except that technical matters concerning the 
content of examinations shall be determined by the personnel director 
without any right of appeal to trie civil service commission. During the 
time an examination is under protest the personnel director may continue to 
certify eligibles from a list based on the protested examination. 

Upon formal determination of an appeal the civil service 
commission may order the reinstatement, suspension, or dismissal of an 
employee, or order the personnel department or an appointing officer to 
take corrective action. 

Notwithstanding the subsection on appeals of Section 10.101, 
matters covered by labor-management agreements to which the City and County 
is a party shall be subject to appeal in the manner provided in such 
agreements. 



10.102 Personnel Department 

Tne personnel department shall provide a means to recruit, 
select, appoint, train and maintain an effective and responsive workforce 
through procedures for employee hiring and advancement, training and career 
development, job classification, salary administration, discipline, 
discharge and other related activities. 

The personnel department shall establish a system of job 
classification. The department shall create new classifications and shall 
as necessary reclassify existing positions, after required notice to 
employee organizations and departments affected. 

Any classification or reclassification shall be appealable to the 
civil service commission by affected parties including employees, 
recognized employee organizations and departments of the City and County. 



10.103 Personnel Director 

A personnel director shall be appointed and may be removed by the 
mayor. The personnel director shall be responsible for the administration 
of the personnel department. 

The personnel director shall establish regulations with respect 
to administrative matters within the jurisdiction of the personnel 
Department. No regulations shall be adopted, amended or repealed without a 
prior public hearing for which at least two weeks notice shall have been 
given. 

The personnel director shall submit to the civil service 
commission rules with respect to recruitment, selection and appointment of 

1002 



employees. After a public hearing, the civil service commission shall 
approve or reject such rules. 

The personnel director shall conduct appropriate examinations for 
employment on an entrance, promotive or combination entrance and promotive 
basis, and shall establish lists of eligibles based on their results. 
Eligibles for positions designated by the personnel director as senior 
management classifications, the sum of which shall not exceed two percent 
of the number of permanent civil service positions, may be certified from 
the full list of eligibles. The personnel director, after consultation 
with appointing officers, shall establish probationary periods not to 
exceed actual service of twenty- four months for executive and management 
classifications, twelve months for sworn, uniformed classifications, and 
six months for all other classifications. 

The personnel director shall conduct the annual salary surveys 
described in Appendix A of this Charter. 



10.104 Exclusions From Civil Service Appointment 

All positions where compensation is paid by the City and County 
shall be either "classified" or "unclassified." Unclassified positions 
shdl 1 be exempt from competitive civil service selection and appointment 
procedures and from the disciplinary procedures in Section 10.105 of this 
Charter. Unclassified positions shall include: 

1. All supervisory and policy-level positions within the office 
of the mayor; 

2. All elected officers of the City and County and their chief 
deputies or chief assistants; 

3. All members of commissions, boards and advisory committees; 

4. Not more than one commission secretary for each commission or 

5. All heads of agencies and departments; 

6. All non-uniformed deputy heads of departments; 

7. All uniformed deputy heads of departments, police commanders, 
police inspectors and fire chief's aides; 

8. Not more than one confidential secretary in each department 
and agency; and 

9. The clerk of the board of supervisors, legislative analyst, 
senior staff in the office of the legislative analyst, and administrative 
assistants to the board of supervisors. 

The proportion of full-time employees in the above unclassified 
categories to the total number of civil service employees of the City and 
County shall not be greater than such proportion as existed on July 1, 

1003 



board; 



I960. 

In addition, unclassified employees shall include: 

1. All certificated teachers and certificated administrators of 
the unified school district and the community college district; 

2. All paraprofessional aides of the unified school district and 
teaching instructional aides of the community college district; 

3. Construction workers working outside of City and County; 

4. Temporary and seasonal appointments not to exceed 

the equivalent of half-time during any fiscal year; except that such 
positions may be filled through regular civil service procedures; 

b. Appointments, which shall not exceed two years and shall not 
be renewable, as substitutes for civil service employees on leave; except 
that such positions may be filled through regular civil service procedures; 

6. Appointments, which shall not exceed three years and shall 
not be renewable, for special projects with limited term funding; except 
that such positions may be filled through regular civil service procedures; 

7. Provisional appointments for classified positions, which 
shall not exceed one year and shall not be renewable, for positions for 
which no eligible list exists; 

8. All nonclerical employees of the superior and municipal 
courts; 

9. All attorneys, district attorney's investigators, physicians 
and dentists serving in their professional capacity, except those 
physicians and dentists whose duties are significantly administrative or 
supervisorial, and hospital chief administrators; 

10. The law librarian, assistant law librarians, bookbinder of 
the law library, purchaser, curators, deputy port director, chief of the 
bureau of maritime affairs, director of administration and finance of the 
port, port sales manager, port traffic manager, chief wharfinger, port 
commercial property manager, actuary of the employees' retirement board, 
director of the zoo and director of the aboretum and botanical garden; and 

11. Positions determined by the controller and approved annually by 
the board of supervisors to be positions where the work or services can be 
practically performed under private contract at a lower cost to the city 
and county than similar work or services performed by employees of the City 
and County; provided that no work or services shall be contracted where 
such work or services are required to be performed by officers or employees 
of the City and County under the provisions of this Charter or other 
applicable law. 



1004 



10.105 Discipline 

Permanent employees in classified positions shall have the right 
to due process in all disciplinary matters. For disciplinary matters in 
which a suspension is imposed, an employee shall be granted a hearing and 
the right to appear before the appointing officer or designee in a manner 
to be prescribed by ordinance, consistent with this Section 10.105. For 
disciplinary matters involving demotion or dismissal, an employee shall 
have the right, after exhausting the process above, to an evidentiary 
hearing before the civil service commission or a hearing officer, or to 
binding arbitration as determined by ordinance, except as otherwise 
specified in this Section 10.105. 

Sworn, Uniformed Members of the Police and Fire Departments 

Sworn, uniformed members of the fire or the police department 
guilty of any offense or violation of the rules and regulations of their 
respective departments shall be liable to be punished for any offense by 
reprimand, by fine not exceeding one month's salary, by suspension for not 
to exceed three months, or by dismissal, after hearing by the commissioners 
of their respective departments. However, the chief of each respective 
department for disciplinary purposes may suspend a member for a period not 
to exceed 10 days for violation of the rules and regulations of the 
department. Any member so suspended shall have the right to appeal such 
suspension to the appropriate commission and have a hearing on such 
suspension. Written notice of appeal must be filed within 10 days after 
such suspension and the hearing of the appeal must be field within 30 days 
after the filing of the notice of appeal. If the commission shall reverse 
or alter the finding of the chief, it shall in the case of a reversal and 
may in other cases order that the member affected be paid salary for the 
time of suspension. In the event the chief should exercise such power of 
suspension, the member involved shall not be subject to any further 
disciplinary action for the same offense. Subject to the foregoing, 
members of either department shall not be subject to discipline, except for 
cause, and after an evidentiary hearing before the appropriate commission, 
upon written charges filed with such commission setting forth specifically 
the acts complained of, and after such reasonable notice to them as to time 
and place of hearings as such commission may, by rule, prescribe. The 
accused shall be entitled, upon hearing, to appear personally and by 
counsel and to secure and enforce, free of expense, the attendance of all 
witnesses necessary for the accused's defense. 

All Other Employees 

No person employed under the civil service provisions of this 
Charter as a permanent employee, exclusive of members of the police and 
fire departments, shall be demoted, removed, or discharged except for 
cause, upon written charges, and after an opportunity to be heard. Pending 
such hearing, the appointing officer may suspend the person so accused if 
the accusation against the accused person involves misappropriation, 
misuse, or destruction of public funds or property, or acts which present 
an immediate danger to the public health and safety. Such suspension shall 
not be valid for more than 30 days, unless a hearing upon the charges shall 
be delayed beyond such time by the act of the accused person. When charges 
are made, the appointing officer shall, in writing, notify the accused of 

1005 



the time and place when the charges will be heard, by mailing such 
statement to the accused's last known address. The hearing shall be conducted 
immediately by the civil service commission or a qualified neutral employed 
by the City and County and selected by procedure established by ordinance. 
The civil service commission or the qualified neutral shall publicly hear 
and determine charges and may exonerate, suspend, demote, or dismiss the 
accused. In the event the charges brought are not fully sustained the 
civil service commission or the qualified neutral may fashion appropriate 
relief including but not limited to reinstatement and full back pay. The 
personnel department shall immediately be notified of the charges when 
made, of the hearing, and of the finding thereon. The finding of the civil 
service commission or the qualified neutral shall be final and binding upon 
all parties to the hearing and shall be immediately enforced by the 
appointing officer. 

The civil service commission may hear and determine any charge 
filed by a citizen when the appointing officer neglects or refuses to 
act. 

Nothing in this Section 10.105 shall limit or restrict procedures 
governing lay-offs or reduction in force. 

Notwithstanding the above Section 10.105, procedures governing 
disciplinary matters may be established through labor-management agreement. 



1006 



ARTICLE XI 
EMPLOYER-EMPLOYEE RELATIONS SYSTEM 



11.100 General 

The purpose of this Article shall be to establish a mechanism to 
facilitate negotiations between tht City and County and recognized employee 
organizations with respect to wages, hours and other terms and conditions 
of employment. 

Employee Relations Office 

An employee relations office shall be established within the 
office of the mayor, and shall: 

1. Evaluate the likely costs of various labor and management 
proposals under negotiation; and 

2. Be responsible for negotiation and administration of 
memoranda of understanding; 

The mayor shall appoint a director of employee relations, subject 
to confirmation of the board of supervisors. 

In addition, a chief labor negotiator for the City and County 
shall be jointly designated by the mayor and the board of supervisors in a 
manner provided by ordinance. The chief labor negotiator may be the 
director of employee relations, any other officer of the City and County or 
any other person. The chief labor negotiator shall negotiate on behalf of 
the City and County with recognized employee organizations. 

11.101 Employer-Employee Negotiations 

Wages, hours and other terms and conditions of employment for 
employees of the City and County shall be established by either: 

1. The City and County acting through the chief labor negotiator 
shall meet and confer in good faith with recognized employee organizations 
and shall attempt to reach agreement on all matters within the scope of 
negotiation. Such agreement shall supersede any other terms and conditions 
of employment for covered employees established by Appendix A in Sections 
A8.402 - A8.432 of this Charter, ordinances, resolutions, or 
departmental rules or regulations which are inconsistent with such 
agreements. Agreements may provide a procedure for final and binding 
arbitration of grievances which may arise between representatives of the 
City and County and an employee or recognized employee organization arising 
under an agreement, or of an impasse in negotiations . 
On the expiration of an agreement, terms and conditions of employment 
contained in the agreement shall terminate, and no employee benefit 
contained therein shall continue after the expiration date of the 

1101 



agreement, except as may be specifically provided in the agreement, while 
good faith negotiations remain in progress. Every agreement shall include 
specific language recognizing this limitation of terms and conditions of 
employment; or 

2. In the absence of a negotiated agreement with any recognized 
employee organization, wages, hours, and other terms and conditions of 
employment snail be as provided in Appendix A of this Charter. 

However, the City and County may continue to provide certain 
benefits of employment in areas included by Appendix A, including 
retirement and health benefits, vacations, and hours and tours of duty, 
which aru greater in value than the benefits provided by Appendix A, only 
if gross wages are reduced by an amount equivalent to their excess value. 

Conditions of employment not provided by Appendix A, including 
but not limited to such items as uniform allowances and shift differential 
pay, contained in prior agreements, shall be continued without reduction in 
total compensation; or 



3. For officers and employees not members of the board of 
supervisors and not represented by a recognized employee organization for 
purposes of negotiating with the City and County, wages, hours, and other 
terms and conditions of employment shall be determined by the board of 
supervisors in accordance with a method adopted through ordinance, upon the 
recommendation of the personnel director. 



Confidential employees in classes for which recognition has 
been granted shall be compensated in the same manner as other employees in 
that class. 



11.102 Memoranda of Understanding 

Memoranda of Understanding which incorporate labor-management 
agreements shall be adopted by the board of supervisors. 



11.103 Strike Prohibition 

The people of the City and County find that the instigation of, 
or participation in, strikes against the City and County by any officer or 
employee of the City and County constitutes a serious threat to the lives, 
property and welfare of its citizens and hereby declare as follows: 

1. No person holding a position by appointment or employment 
under the civil service provisions of this Charter shall strike, or cause, 
instigate or afford leadership to a strike, or honor a strike against the 
City and County by willfully abstaining from the full, faithful and proper 
performance of the duties of employment; and 

2. In the event of a strike by members of an employee 

1102 



organization recognized by the City and County, the City and County shall 
deem gooa faith negotiations to have ended. For a period of one year 
subsequent to such a strike, compensation for members of such an employee 
organization shall be determined by the provisions of Appendix A of this 
Lnarter. At the end of one ys&r t the City and County may negotiate a new 
agreement, as provided in Section 11.101 of this Charter. 



1103 



ARTICLE XII 
EMPLOYEE RETIREMENT AND HEALTH SERVICE SYSTEMS 



Purl (Jne: Employee Retirement System 

12.1U0 Retirement Board 

There shall be a retirement board of the City and County which 
shell consist of seven members as follows: the president of the board of 
supervisors, three public members to be appointed by the mayor, and three 
members elected from the active membership of the retirement system. The 
public members appointed by the mayor shall hold either a degree of doctor 
of medicine or shall be experienced in life insurance, actuarial science, 
employee pension planning or investment portfolio management, and shall be 
appointed by the mayor; provided, however, that there shall be one 
jppointive member who holds a degree of doctor of medicine. The term of 
the six members, other than the president of the board of supervisors, 
shall be five years, one term expiring on February 20th of each year. The 
three elected members need not be residents of the city and county. 
Vacancies on the board shall be filled by the mayor for the remainder of 
the unexpired term, except that in the case of elected employee members, a 
vacancy shall be filled by a special election within 120 days after the 
vacancy occurs unless the next regularly scheduled employee member election 
is to be held within six months after such vacancy shall have occurred. 
Elections shall be conducted by the registrar of voters in a manner 
prescribed by ordinance. The retirement board shall appoint and may remove 
an executive director and an actuary, who shall hold office at its 
pleasure, and shall employ a consulting actuary. 

The retirement board shall be the sole authority and judge, 
consistent with this Charter and ordinances, as to the conditions under 
which members of the retirement system may receive and may continue to 
receive benefits under the retirement system, and shall have exclusive 
control of the administration and investment of such funds as may be 
established, provided that all investments shall be of the character legal 
for insurance companies within the State of California, and that funding 
policies shall be consistent with the principles and practices recognized 
by the American Academy of Actuaries. 

12.101 Executive Director and Actuary 

The executive director shall administer the retirement system in 
accordance with the provisions of this Charter and the policies and 
regulations of the retirement board. The executive director or the 
executive director's designee, shall have the power to administer oaths 
and affirmations in all matters pertaining to the business of the 
retirement system. 



1201 



12.102 Hearing Officer 

Any application for disability leave, disability retirement, or 
death allowance maae pursuant to this Charter shall be heard by a hearing 
officer employed under contract by the retirement board and selected by 
procedures set forth in its rules, which shall include rules setting forth 
the qualifications and selection procedure necessary to appoint a qualified 
and unbiased hearing officer. Following public hearing, the hearing 
officer shall determine whether such application shall be granted or 
denied. All expenses related to processing and adjudicating such 
applications shall be paid from the compensation fund. 

At any time within thirty days after the service of the hearing 
officer's decision, the applicant or any other affected party, including 
the retirement system, may petition the hearing officer for a rehearing 
upon one or more of the following grounds and no other: 

1. That the hearing officer acted without or in excess of the 
hearing officer's powers; 

2. That the decision was procured by fraud; 

3. That the evidence does not justify the decision; or 

4. That the petitioner has discovered new material evidence which 
could not, with reasonable diligence, have been discovered and produced at 
the hearing. 

The decision of the hearing officer shall be final upon the 
expiration of thirty days after the petition for rehearing is denied, or if 
the hearing is granted, upon the expiration of thirty days after the 
rendition of the decision. Such final decision shall not be subject to 
amendment, modification, or recission by the retirement board, but shall be 
subject to review by the retirement board only for the purpose of 
determining whether to seek judicial review. 



12.102 Trust Fund 

Tne retirement fund shall be a trust fund to be administered by 
the retirement board in accordance with the provisions of tin's Charter 
solely for the benefit of the active members and retired members of the 
retirement system and their survivors and beneficiaries. Administrative 
costs of the retirement system, as adopted by the board of supervisors in 
the annual budget, excluding adminstration of workers compensation, shall 
be paid from the accumulated contributions of the City and County. 



Part Two: Health Service System 



12.200 Health Service Board 

There shall be a health service board of the City and County 
which shall consist of seven members as follows: the chairman of the 



1202 



finance committee of the board of supervisors, the city attorney, or 
designated assistant city attorney, two members appointed by the mayor, one 
of whom shall be a resident official of an insurance company and the other 
a doctor of medicine, and three members elected by the members of the 
system from among their number. Elections shall be conducted by the 
registrar of voters in a manner prescribed by ordinance. Elected members 
need not reside within the City and County. The terms of members, other 
than the two ex-efficio members, shall be five years, one term expiring on 
Kay 16 of each year. 

A vacancy on the health service board appointive by the mayor 
shall be filled by the mayor. A vacancy in an elective office on the 
health service board shall be filled by a special election within 90 days 
after the vacancy occurs unless a regular election is to be held and within 
six months after such vacancy shall have occurred. 

The health service board shall: 

1. Establish and maintain detailed historical costs for medical 
and hospital care and conduct an annual review of such costs; 

2. Apply benefits without special favor or privilege; 

3. Put such plans into effect and through its staff, conduct and 
administer the same and, contract therefor and use the funds of the system; 
and 

4. Make rules and regulations for the transaction of its 
business, the granting of exemptions and the admission to the system of 
meiaDers. 



12.201 Medical Director or Executive Director 

The health service board shall appoint and may remove a full-time 
medical director who shall be a doctor of medicine with experience in 
administering health plans or in comparable work, or an executive officer 
with experience in administering health plans or in comparable work and a 
part-time meoical adviser who shall be a doctor of medicine with such 
experience. The health service board and each committee of the board shall 
confine its activities to policy matters and to matters coming before it as 
an appeal board. 



12.202 Membership in Health Service System 

The members of the system shall consist of all permanent 
employees of the City and County, which shall include officers of the City 
and County, of the unified school district and of the parking authority of 
the City and County. 



1203 



12.21)3 Health Service System Fund 

The health service system fund shall be a trust fund to be 
administered by the health service system board in accordance with the 
provisions of this Charter solely for the benefit of the active members and 
retired members of the health service system. Administrative costs of the 
health service system, as adopted by the board of supervisors in the annual 
budget, shall be funded by the trust fund. 



1204 



ARTICLE XIII 
ELECTIONS 



13.100 City and County Elections 

All lav.'S of the State of California shall apply to elections in 
the City and County, except as otherwise provided by this Charter or 
ordinance not inconsistent with state law. 



13.101 Terms of Elective Office 

[To be inserted from either 17.119 or 17.120 depending upon the 
method of election of supervisors in effect on 12/31/80.] 

13.102 Municipal Runoff Elections 

[To be inserted from either 17.119 or 17.120 depending upon the 
method of election in effect on 12/31/80. J 



13.103 Special Municipal Elections 

The board of supervisors may call a special municipal election 
for initiatives, referenda, amendments to this Charter or as otherwise 
provided in this Charter. The date of any special municipal election shall 
be fixed by the board of supervisors not less than 60 nor more than 75 days 
from the date of calling such election; however, no special municipal 
election shall be held within 60 days of any general municipal or statewide 
election. The board of supervisors may consolidate a special municipal 
election with a general municipal or statewide election. 

The board of supervisors shall maintain a fund sufficient to pay 
all costs and expenses of the City and County with respect to a special 
municipal election, and such fund shall be used solely to pay the costs of 
such an election. Upon payment of any such costs or expenses, an 
appropriation shall be made in the next succeeding appropriations ordinance 
sufficient to reimburse the fund. 



13.104 Registrar of Voters 

The registrar of voters shall register electors as voters, 
conduct elections, establish precincts, certify petitions, appoint election 
officers, and be responsible for all other matters pertaining to elections 
in the City and County. 

The registrar of voters may withold the pay of any election 
officer who neglects, disregards, or violates the laws. 



1301 



lo. 1UL Nomination 

Not less than 60 days prior to a general municipal, special 
municipal, or statewide election each person wishing to be a candidate for 
an elective office shall file with the registrar of voters: 

1. A declaration of candidacy in such form as shall be prescribed 
by the registrar of voters; 

2. A filing fee of two percent of the current annual salary for 
the office sought or the signatures of such number of electors as is 
requi reG Dy 1 aw; and 

3. [To be inserted from either 17.119 or 17.12C depending upon 
ttie method of election of supervisors in effect on 12/31/80.] 

Upon fulfillment of these requirements, the registrar of voters 
shall certify the candidate as nominated and place the candidate's name on 
the ballot. A candidate may withdraw such candidacy at any time up to 50 
days prior to the election by filing with the registrar of voters a 
statement of withdrawal signed by such candidate. 

The registrar of voters shall preserve for a period of four 
years, in a manner accessible to the public, all declarations, signatures, 
and lists of sponsors filed pursuant to this Section 13.105. 

13.106 Qual ification 

[To be inserted from either 17.119 or 17.120 depending upon the 
method of election of supervisors in effect on 12/31/80.] 



13.107 Election Material Mailed to Voters 

A voter's pamphlet including a sample ballot, candidates' 
statements, lists of sponsors, arguments for and against each ballot 
measure, any financial impact statements prepared by the controller, and 
arguments for and against the recall of any officers shall be mailed to 
each elector so as to be received at least ten days prior to each general, 
runoff, or special municipal election. 

13.108 Determination of Election Results 

The canvass of voters, canvass of returns, declaration of 
elections and certification of elections shall be made as prescribed by 
law. If a person elected fails to qualify, the office shall be filled in 
the manner prescribed by this Charter for the filling of a vacancy in such 
office. 



1302 



13.109 Reporting of Campaign Financing 

The board of supervisors shall, by ordinance, prescribe 
requirements for campaign contributions and expenditures and any 
limitations thereon with respect to candidates for elective office and 
ballot measures in the City and County. 



1303 



ARTICLE XIV 

INITIATIVE, REFERENDUM AND RECALL 



14.100 General 



Except as otherwise provided in this Article, the voters of the 
City and County shall have the power to enact initiatives and the power to 
nullify acts or measures involving legislative matters by referendum. 

14.101 Initiatives 

An initiative may be proposed by presenting to the registrar of 
voters a petition containing the initiative and signed by voters in a 
number equal to at least five percent of the votes cast for all candidates 
for mayor in the last preceding general municipal election for mayor. Such 
initiative shall be submitted to the voters by the registrar of voters upon 
certification of the sufficiency of the petition's signatures. 

A vote on such initiative shall occur at the next general 
municipal or statewide election occurring at any time after 90 days from 
the date of the certificate of sufficiency executed by the registrar of 
voters, unless the board of supervisors directs that the initiative be 
voted upon at a special municipal election. 

If the petition containing the initiative is signed by voters in 
d number equal to at least ten percent of the votes cast for all candidates 
for mayor in the last preceding general municipal election for mayor, and 
contains a request that the initiative be submitted forthwith to voters at 
a special municipal election, the registrar of voters shall promptly call 
such a special municipal election on the initiative. Such election shall 
be helu not less than 60 nor more than 75 days from the date of its calling 
unless it is within 60 days of a general municipal or statewide election, 
in which event the initiative shall be submitted at such general municipal 
or statewide election. 

No initiative or declaration of policy approved by the voters 
shall be subject to veto, or to amendment or repeal except by the voters, 
unless such intiative or declaration of policy shall otherwise provide. 

14.102 Legislative Referendum 

Prior to the effective date of an ordinance, a referendum on that 
ordinance may be proposed by filing with the board of supervisors a 
petition protesting the passage of that ordinance. Such petition shall be 
signec by voters in a number equal to at least ten percent, or in the case 
of an ordinance granting any public utility franchise, at least five 
percent, of the votes cast for all candidates for mayor in the last 
preceding general municipal election for mayor. 



1401 



Such ordinance shall then be suspended from becoming effective. 
The board of supervisors shall reconsider the ordinance. If it is not 
entirely repealed, the board of supervisors shall submit the ordinance to 
the voters at the next general municipal or statewide election or at a 
special municipal election. Suet, ordinance shall not become effective until 
approved by voters at such an election. 

14.103 Recall 

An elected official of the City and County m?y be recalled by the 
voters as provided by this Charter and by the laws of the State of 
California, except that no recall petitions shall be initiated with respect 
to any officer who has held office for less than six months. 

[Second paragraph to be inserted from either 17.119 or 17.120 
depending upon the method of election of supervisors in effect on 
12/il/80.] 

Upon certifying the sufficiency of the recall petition's 
signatures, the registrar of voters shall forthwith call a special 
municipal election on the recall, to be held not less than 60 nor more than 
75 days from the date of its calling unless it is within 60 days of a 
general municipal or statewide election, in which event the recall shall be 
submitted at such general municipal or statewide election. 

14.104 Petitions—Withdrawal of Signatures 

A person signing a petition for initiative, referendum, or recall 
may withdraw his or her name from such petition by filing with the 
registrar of voters a verified revocation of that signature prior to the 
filing of such petition itself. 



14.105 Elections Code 

The board of supervisors shall adopt an elections code which is 
not inconsistent with this Charter. 



1402 



ARTICLE XV 

MISCELLANEOUS PROVISIONS 



15.100 Cable Cars 

In the conduct of the municipal railway there shall be maintained 
and operated cable car lines as follows: 

1. A line commencing at Powell and Market Streets; thence along 
Powell Street to Jackson Street; thence along Jackson Street to Mason 
Street; thence along Mason Street to Columbus Avenue; thence along Columbus 
Avenue to Taylor Street; thence along Taylor Street to a terminal at Bay 
Street; returning from Bay and Taylor Streets along Taylor Street to 
Columbus Avenue; thence along Columbus Avenue to Mason Street; thence along 
Mason Street to Washington Street; thence along Washington Street to Powell 
Street; and thence along Powell Street to Market Street, the point of 
commencement . 

2. a line commencing at Powell and Market Streets; thence along 
Powell Street to Jackson Street; thence along Jackson Street to Hyde 
Street; thence along Hyde Street to a terminal at Beach, returning from 
Beach and Hyde Streets along Hyde Street to Washington Street; thence along 
Washington Street to Powell Street; thence along Powell Street to Market 
Street, the point of commencement. 

3. A line commencing at Market and California; thence along 
California Street to a terminal at Van Ness Avenue; returning from Van Ness 
Avenue dlong California Street to Market Street, the point of commencement. 

To fully effectuate the intent of this Section 15.100, these 
lines shall be maintained and operated at the normal levels of scheduling 
and service in effect on July 1, 1971; provided, however, that nothing 
herein contained shall prevent the increasing of the levels of scheduling 
and service. 

The fare on any cable car line shall not exceed the local fare 
established under the provisons of this Charter for other types of carrier 
equipment employed in the operation of the San Francisco Municipal Railway. 

15.101 Acquisition of Public Utilities 

It is the declared purpose and intention of the people of the 
City and County, when public interest and necessity demand, that public 
utilities shall be gradually acquired and ultimately owned by the City and 
County. Whenever the board of supervisors shall determine that the public 
interest or necessity demands the acquisition, construction or completion 
of any public utility or utilities by the City and County, or whenever the 
electors shall petition the board of supervisors, as provided in Section 
9.112 and Article XIV of this Charter, for the acquisition of any public 
utility or utilities, the supervisors must procure a report from the public 

1501 



utilities commission thereon. 



15.102 Law Library 

The San Francisco Law Library, established under an act of the 
Legislature approved March 9, 1870, shall be under the management and 
control of the board of trustees, which shall consist of seven appointive 
members of the San Francisco bar, and the mayor, the presiding judge and 
the three judges of the appellate department of the superior court, ex 
officio. All vacancies on the board shall be filled by the board. 

The board of trustees shall appoint and at its pleasure may 
remove a librarian, who shall be its executive officer, and such assistants 
as are necessary for the proper conduct and operation of the library. The 
salaries of the librarian and the assistants and employees shall be fixed 
by the board of supervisors as provided by this Charter for other City and 
County employees. 

The supervisors shall provide suitable and sufficient quarters 
for the law library, fix up and furnish the same and provide for the supply 
of necessary light, heat, stationery and other conveniences. The library 
shall be so located as to be readily accessible to the judges and the 
officers of the court. 

The county clerk and the clerk of the municipal court shall 
collect the fees provided for law libraries by law and the fees so 
collected by such officers or by any officers under any other provisions of 
the law shall be paid to the treasurer of the law library monthly, and 
shall constitute a law library fund to be expended by the law library 
trustees in the purchase of books and periodicals, and in the establishment 
and maintenance of the law library. 

The judiciary, city, county and state officials, members of the 
bar and all inhabitants of the City and County shall have free access, use 
and enjoyment of the law library, subject to rules and regulations of the 
board of trustees. 



15.103 Airport Revenue Fund 

(a) Subject to the budget and fiscal provisions of this Charter: 
(1) The entire gross revenue of the airport commission shall be set aside 
and deposited into a fund in the City and County treasury to be known as 
the "Airport Revenue Fund." All amounts paid into the fund shall be 
maintained by the treasurer separate and apart from all other City and 
County funds and shall be secured by the treasurer's official bond or 
bonds. The fund shall be exempt from Section 17.103 of this Charter 
(specifically, Section 6.407 of the 1932 Charter). (2) Separate accounts 
shall be kept with respect to receipts and disbursements of each airport 
under the jurisdiction of the commission. 

(b) Moneys in the Airport Revenue Fund including earnings 
thereon shall be appropriated, transferred, expended or used for the 
following purposes pertaining to the financing, maintenance and operation 



1502 



of ai ports and related facilities ov.ned, operated or controlled by the 
commission and only in accordance with the following priority: (1) the 
payment of operation and maintenance expenses for such airports or related 
facilities; (2) the payment of pension charges and proportionate payments 
to such compensation and other insurance or outside reserve funds as the 
commission may establish or the board of supervisors may require with 
respect to employees of the commission; (3) the payment of principal, 
interest, reserve, sinking fund, and other mandatory funds created to 
secure revenue bonds hereafter issued by the commission for the 
acquisition, construction or extension of aiports or related facilities 
owned, operated or controlled by the commission; (4) the payment of 
prinicipal and interest on general obligation bonds heretofore or hereafter 
issued by the City and County for airport purposes; (b) reconstruction ana 
replacement as determined by the commission or as required by any airport 
revenue bond orainance duly adopted and approved; (6) the acquisition of 
land, real property or interest in real property for, and the acquisition, 
construction, enlargement and improvement of new and existing buildings, 
structures, facilities, utilities, equipment, appliances and other property 
necessary or convenient for the development or improvement of any airports 
and heliports owned, controlled or operated by the commission in the 
promotion and accommodation of air commerce or navigation and matters 
incidental thereto; (7) the return and repayment into the general fund of 
the City and County of any sums paid by the City and County from funds 
raised by taxation for the payment of interest on and principal of any 
general obligation bonds previously issued by the City and County for the 
acquisition, construction and improvement of the San Francisco 
International Aiport; (8) for any other lawful purpose of the commission 
including, but not limited to, transfer to the general fund during each 
fiscal year of twenty-five (25%) percent, or such lesser percentage as the 
board of supervisors shall establish, of the non-airline revenues as a 
return upon the City and County's investment in the airport. "Non-airline" 
revenues means all airport revenues from whatever source less revenues from 
airline rentals and charges to airlines for use of airport facilities. 

15.104 California Academy of Sciences 

All buildings and improvements erected by or under the authority 
of the California Academy of Sciences, in or on property owned or controlled 
by the City and County, including but not limited to the Steinhart 
Aquarium, the original Natural History Museum, the Simson African Hall, and 
the additions housing, among other things, the Alexander F. Morrison 
Planetarium and Auditorium, are the property of the City and County. 
However, the buildings and improvements, and the activities and personnel 
therein shall be controlled exclusively by the California Academy of 
Sciences, except that employees of the City and County shall be subject to 
the personnel provisions of this Charter and their compensation fixed in 
accordance with this Charter and City and County funds are subject to the 
financial provisions of this Charter. 

The California Academy of Sciences shall submit to the mayor and 
board of supervisors an annual financial statement of its activities in 
connection with the operation of the buildings described in this Section 
15.104. 



1503 



lb. 105 Cultural, Educational, and Recreational Appropriations 
The board of supervisors shall annually appropriate: 

1) To the art commission, the revenue from a tax of one-half cent 
on each $10U of taxable assessed valuation in the City and County for 
maintaining a symphony orchestra; 

2) to the Asian art commission, an amount sufficient for the 
purpose of maintaining, displaying, and provioing for the security of the 
City and County's collection of Asian art; 

3) to the California Academy of Sciences, funds necessary for the 
maintenance, operation, and continuance of the Steinhart Aquarium. The 
bocru of supervisors shall have the power to furnish to the California 
Academy of Sciences such funds as the board shall deem proper for the 
maintenance, operation, and continuance of any or all other of the 
buildings and improvements placed under the control of the California 
Academy of Sciences; 

4) to the fine arts museums commission, an amount sufficient for 
the purpose of maintaining, operating, providing for the security of, 
expanding, ana superintending the fine arts museums and for the purchase of 
objects of art, literary productions, and other personal property; 

5) to the war memorial and performing arts center commission, an 
amount sufficient to defray the cost of maintaining, operating and caring 
for the war memorial and performing arts center; 

t>) To the library commission, the revenue from a minimum tax of 
four cents per $100 taxable assesed valuation for constructing, 
maintaining and improving the library system of the City and County; and 

7) To the recreation and park commission, the revenue from a 
minimum tax of ten cents per S10G taxable assessed valuation for 
constructing, maintaining and improving parks and squares, and the revenue 
from a minimum tax of seven cents per 5100 taxable assessed valuation for 
contructing, maintaining, and improving playgrounds. 

15.1U6 Publicity and Advertising Fund 

A publicity and advertising fund shall be allocated to and 
administered by the administrative officer for the support of groups and 
organizations engaged in the arts, culture, and promotion. In making 
disbursements, the administrative officer shall consider recommendations 
provided by the art commission. 

The publicity and advertising fund shall be computed as follows: 
A minimum of 2U% of the receipts of any hotel occupancy tax shall be 
appropriated to the publicity and advertising fund. However, if the rate 
of such a hotel occupancy tax is greater than 8%, the rate of 8% shall be 
used to compute the receipts of the hotel occupancy tax for the purposes of 
this Section 15.106. 



1504 



15.107 Open Space Acquisitions and Park 
Renovation Fund 

There shall be an open space acquisition and park renovation 
fund, to be administered by the recreation and park commission. Monies 
therein shall be appropriated, transferred, expended or used as provided 
for herein for those recreation and open space purposes determined by the 
planning commission to be consistent with the recreation and open space 
element of the general plan of the City and County and in accordance with 
the "Recreation and Open Space Programs" to implement the recreation and 
open space element approved by the planning commission on July 19, 1973, as 
modified by a majority vote of each of the planning commission and 
recreation and park commission meeting jointly, and with the concurrence of 
the board of supervisors. The recreation and open space element of the 
comprehensive plan and the "Recreation and Open Space Programs," modified, 
shall continue to identify neighborhoods which are in special need of 
recreation and open space facilities, and shall designate such 
neighborhoods as "high-need neighborhoods." tsonies in the open space 
acquisition and park renovation fund shall be used to acquire by purchase, 
lease, exchange, eminent domain or otherwise, real property, interests 
therein, and improvement and development rights thereon and to develop and 
maintain land so acquired. Lands currently under the jurisdiction of the 
San Francisco port commission may be acquired by lease or otherwise and may 
be leased and administered with the funds provided for herein for purposes 
consistent with this Section 15.107. The recreation and park commission 
and the San Francisco port commission are hereby authorized to enter into 
contracts appropriate to carry out the purposes of this Section 15.107. 

There shall continue to be imposed, for a period of 15 years 
starting with the fiscal year 1975-1976, an annual tax of $0.10 for each 
$100 assessed valuation to be utilized for the purposes provided for in 
this Section 15.107. Revenues obtained thereby shall be in addition to, and 
not in place of, any sums normally budgeted for the recreation and park 
commission, and, together with interest earned thereon, shall be deposited 
into the open space acquisition and park renovation fund. In addition, all 
grants, gifts, and bequests paid to the City and County for open space 
acquisition and park renovation, and interest earned thereon, unless 
otherwise restricted, shall be deposited into the fund. Establishment of 
this fund is not intended to preclude any other similar programs or any 
similar use of funds by the City and County. All amounts paid into said 
fund shall be maintained by the treasurer, separate and apart from all 
other City and County funds, and shall be secured by the treasurer's bond. 

Monies in the fund shall be used for: (i) the acquisition and 
development of lands within or contiguous to "high-need neighborhoods," or 
lands on the northern waterfront and bay shoreline for recreation purposes; 
(ii) the acquisition and development of properties within the City and 
County for open space purposes; and (iii) the renovation of existing parks 
and recreation facilities within the City and County. 

Each year, monies in the fund shall be used to match, on a 
dollar-for-dollar basis, private funds, grants, or donations given to the 
City and County for the purpose of renovating existing parks and 

1505 



recreational facilities up to an amount equal to 15 percent of the amount 
of the monies provided for the fund in that year. Each year, monies in the 
fund shall be used without a matching requirement for the purpose of 
renovating existing parks and recreational facilities up to an amount equal 
to ten percent of the amount of the monies provided for the fund in that 
year. Monies unspent in either category of this subsection after the end of 
one fiscal year shall be carried forward to the next fiscal year and shall 
be used only for the same purposes as they uere originally set aside. 

The remaining monies shall be used as indicated in the following 

two paragraphs. 

In each of the first five years of the fund's existence, a 
minimum of bo 1 percent of the remainder of the monies in the fund shall be 
used to acquire real property, and at least 25 percent of the remainder of 
the monies in the fund shall be used for acquisition of properties within 
or contiguous to "high-need neighborhoods"; the balance of the remainder of 
trie monies in the fund shall be used for administrative expenses and the 
maintenance and development of properties acquired through the fund. 

At any time after the end of five years, the proportion of funds 
to be used for acquisition may be modified by the board of supervisors. At 
any time after the end of ten years, if the then current "Recreation and 
Open Space Programs" no longer shows any lands appropriate for open space 
ana recreation purposes, then the limitation that funds may only be used 
for the maintenance and development of properties acquired from the fund 
may be modified in whole or in part by the board of supervisors to provide 
that funds may be used to expand the maintenance and development of other 
properties held by the recreation and park department in "high-need 
neighborhoods" identified in the then current "Recreation and Open Space 
Programs." 

The recreation and park commission and the planning commission 
shall hold at least one joint public meeting annually and shall at such 
time receive and review a report from the executive of the recreation and 
park department on the implementation of the "Recreation and Open Space 
Programs," on expenditures made from the open space acquisition and park 
renovation fund, and on properties developed in the preceding year for 
recreation uses. The executive of the recreation and park department shall 
also make general recommendations of further lands for acquisition, 
improvement, or development for approval by a majority of each of the 
recreation and park commission and the city planning commission meeting 
jointly, and with the concurrence of the board of supervisors. 

15.108 Recreation and Parks; Buildings and Lands 

The responsibilities of the City and County with respect to 
recreation and parks shall be limited as follows: 

1. No building or structure, except for nurseries, equipment 
storage facilities and comfort stations, shall be erected, enlarged or 
expanded in Golden Gate Park unless such action has been approved by a vote 
of two-thirds of the board of supervisors; and 



1506 



2. No park land may be sold, or leased for non-recreational 
purposes unless approved by a vote of the electors. 

15- 109 Franchises 

Franchises shall be granted by a competitive procurement process 
for not more than 25 years. 



15.110 Citizen Participation; Publication of and 
Access to Public Documents 

The publication of and full public access to public documents, 
except for those subject to confidentiality, shall be as required by law. 

15.111 Financial Disclosure 

All public officers, as defined by the laws of the State of 
California and including members of all boards, commissions and other units 
of yovernment of the City and County, shall disclose financial information 
in accordance with state law. The registrar of voters shall maintain all 
such records and be responsible for the enforcement of this Section 15.111. 



15.112 Conflict of Interest 

Any elected or appointed official, and any employee of the City 
and County must disqualify themselves from making, participating in the 
making, or using their official positions to influence the making of any 
governmental decision which will forseeably have a material financial 
effect, distinguishable from its effect on the public generally, on any 
financial interest as defined in Government Code Section 87103. No elected 
or appointed official, or any employee of the City and County shall be 
prevented from making or participating in the making of any decision to the 
extent his or her participation is legally required for the decision to be 
made. The fact that any elected or appointed official's, or employee's 
vote as a member of a multi-member body is needed to break a tie does not 
make such person's participation legally required for purposes of this 
Section 15.112. 



15.113 Taxpayers' Suits 

In the event that a taxpayer of the City and County institutes 
suit or other proceeding as provided by law against any officer, board or 
commission of the City and County in the name of the taxpayer on behalf of 
the City and County, the taxpayer shall be allowed costs and also such 
recisoiiable compensation for attorney's fees as may be fixed by the court if 
judgement is finally entered in the taxpayer's favor. 

15. 114 Severabil ity 

If any provision of this Charter, or its application to any 
person or circumstance is held invalid, the remainder of this Charter, and 

1507 



the application of such provision to other persons or circumstances, shall 
not be affected. 

15.115 Appendix A 

The following sections of the Charter of 1932, as recodified in 1971, 1978 
edition, as amended as of August 7, 1980, shall remain in effect as a part 
of this Charter as an "Appendix A," except that in instance of conflict or 
inconsistency between these sections of the Charter of 1932 and the body of 
this Charter, this Charter shall prevail, ^subject to the following limitations 
and amendments : 

1) All references to "wife" or "surviving wife" shall be construed to 
include "spouse" or "surviving spouse;" 

2) All references to sections of "the Charter" or "this Charter" shall be 
construed to refer to the Charter of 1932, as defined above; 

3) All definitions or descriptions included through such references shall 
remain in force, unless in conflict or inconsistent with definitions 
or descriptions in this Charter, or unless amended by the board of 
supervisors ; 

4) All references to powers and duties of the "civil service commission," 
except powers and duties concerning appeals as set forth in Article 

10 of this Charter, shall become the powers and duties of the "personnel 
department," except that the powers and duties of the civil service 
commission in relation to the fund established in Section 8.404 
subsection (f) , shall become the powers and duties of the employee 
relations office. 

5) The first paragraph of Section 8.407 of the Charter of 1932 shall be 
amended to read: "This section shall apply to all officers and employees 
except those whose compensations are specified in this Charter in 
Section 11.101, subsection (3) and those covered in Sections A8.402, 
A8.404, and A8.405. Generally prevailing rates of salaries and 

wages shall be determined by the personnel department through survey, 
as set forth below, and adopted by the board of supervisors." 

6) The first sentence of Section 8.324 of the Charter of 1932 shall be ■ 
amended to read: "Veterans with 30 days or more actual service, and 
widows and widowers of such veterans , who become eligible for appointment 
by attaining the passing mark in any entrance examination, shall be 
allowed for one examination only during their employment with the 

city and county, an additional credit of five percent in making up the 
list of eligibles established by such examinations." 



1508 



The following sections from the Charter of 1932 shall be included in Appendix A 
and each shall be designated with a prefix "A": 

8.402 - 8.407 Salaries and Wages for Teachers, Mini, Police, Fire, 

and Miscellaneous Employees 
8.410 - 8.411 Expenses 
8. 440 Vacations 

8.450 - 8.452 Hours and Tours of Duty 
8.420 - 8.432 Health Service System Benefits 
8.500 - 8.588-14 Retirement System 
8.324 Veterans' Preference in Examinations 

8.329 ' Rule of Three. 



1509 



ARTICLE XVI 
DEFINITIONS 



For all purposes of this Charter, the following terms shall have 
the meanings specified below: 

"business day" shall mean any day other than a Saturday, Sunday 
or hcl i day on which governmental agencies of the State of California are 
authorized by lav. to clos^. 

"Confirm" or "confirmation" shall mean the approval by a majority 
of tut members of the board of supervisors. 

"Elector" shall mean a person qualified as an elector under the 
laws of the State of California and residing in the City and County. 

"For cause" shall mean the issuance of a written public statement 
by the mayor describing those actions taken by an individual as a member of 
a boara or commission which are the reasons for removal. 

"General municipal election" shall mean the election to be held 
in the City and County on the Tuesday immediately following the first 
Monday in November in odd-numbered years. 

"Initiative" shall mean a proposal by the voters with respect to 
any ordinance, act or other measure which is within the powers conferred 
upon the board of supervisors to enact, any legislative act which is within 
the pov.er conferred upon any other official, board, commission or other unit 
of government to adopt, any amendment to this Charter or any declaration of 
pol icy. 

"Notice" shall mean a public notice in the form and manner as 
shall be prescribed by ordinance, and shall include a filing with the clerk 
of the board of supervisors contemporaneously with such public notice. 

"One-third" ,"a majority" or "two-thirds" of the board of 
supervisors or any other board or commission of the City and County shall 
mean one-third, a majority or two-thirds of all members of such board or 

commission. 

"Published" shall mean published in a newspaper of general 
circulation in the City and County. 

"Referendum" shall mean; (1) the power of the voters to nullify 
ordinances involving legislative matters except that the referendum power 
shall not extend to any portion of the annual budget or supplemental 
appropriations, ordinances authorizing the city attorney to compromise 
litigation or ordinances necessary to enable the mayor to carry out the 
mayor's emergency powers; and (2) the power of the mayor and board of 
supervisors to refer measures to the voters. 



1601 



"Special municipal election" shall mean, in addition to special 
elections otherwise required by law, the election called by (1) the 
registrar of voters with respect to an initiative, referendum or recall, 
ana (2) the board of supervisors with respect to bond issues, election of 
an official not required to be elected at the general municipal election, 
or an initiative or referendum. 

"Statewide election" shall mean an election held throughout the 
state. 

"Voter" shall mean an elector who is registered in accordance 
with the provisions of the laws of the State of California. 



1602 



ARTICLE XVII 
TRANSITION PROVISIONS 

17.1UU Effective Date of this Article XVII 

This Article XVII shall take effect upon the filing of this 
Cnorter with tht Secretary of State of the State of California. This 
Article shall expire and go out of existence when the last act required to 
be done in this Article has been completed. 

1/.101 operative Date of this Charter; Effect of Enactment on Existing Lav. 

Tnis Cnarter shall be operative, and shall supersede the Charter 
of 1532, as recodified in 1971, and as amended, as of July 1, 1981. All 
references in this Article to the "Charter of 1932" shall be to the Charter 
of 1932, as recodified in 1971, 1978 edition, as amended as of August 7, 
1980. 

To the extent the provisions of this Charter, or provisions of 
t lie Charter of 1932, in effect immediately before the operative date of 
this Charter, or the provisions of the Charter of 1932 transferred by 
enactment of this Charter to ordinance, are the same in terms or in effect 
as provisions of lav: enforced when this Charter becomes operative, they 
shall be construed and applied as a continuation of those provisions. 

All provisions of law relating to or affecting the City and 
County in force when this Charter becomes operative are hereby repealed and 
superseded only to the extent they are inconsistent with the provisions of 
this Charter. 

Nothing in this Charter shall amend or otherwise affect the 
provisions of the Initiative Refuse Collection and Disposal Ordinance, 
aaopted November 8, 1932, as amended, except that the administrative officer 
and the general manager of public utilities shall succeed to the functions 
of the chief administrative officer and the manager of utilities, 
respectively, as specified in that Initiative Ordinance. 

17.102 Obligations of Contract Not Impaired 

All rights, claims, actions, orders, obligations, proceedings and 
contracts existing on the operative date of this Charter shall not be 
affected by the adoption of this Charter, except that where functions, 
powers and duties have been reassigned, the office, agency or department to 
which the assignment is made shall have charge of the matter. 



1701 



17.10. 



Transfer of 1932 Charter Sections to Ordinance and Initiative 
Ordinances 



The following Sections of the Charter of 1932 shall be deemed 
enacted into ordinance and may be amended by the board of supervisors on 
the operative date of this Charter; provided, however, (1) that in the 
instance of conflict or inconsistency between the ordinance or a portion of 
the ordinance and this Charter, this Charter shall prevail, and (2) that 
each sucn Section deemed so enacted shall terminate three years from the 
operative date of this Charter unless such Sections are further reenacted 



2.100 








3.551 






6.312 




2.203 








3.552 






6.313 




2.203-3 








3.5o0 






6.400-6.403 


incl usive 


3.201 








3.570-3 


573 


incl usive 


6.406-6.408 


incl usive 


3.301-3. 


303 


inc 


usive 


3.590-3 


599 


incl usive 


6.410 




3.402 








3.601 






7.100-7.104 


incl usive 


3.501 








3.621-3 


624 


incl usive 


7.200-7.206 


inclusive 


3. 52 j 








3.640-3 


643 


incl usive 


7.302-7.309 


incl usive 


3.529 








3.691-3 


694 


inclusive 


7.400-7.405 


inclusive 


i. 531 








6.207 






7.600-7.606 


incl usive 


3.533-3. 


539 


inc 


usive 


6.301-6 


304 


incl usive 


7.701-7.703 


inclusive 


3. 5hO-3. 


54 6 


inc" 


usive 


6.306-6 


310 


incl usive 


8.104-6 

8.311 

9.113-9.115 


incl usive 



Initiative ordinances shall not be published as part of this 
Charter, in an appendix or otherwise, but shall be published as provided in 
this Charter for other ordinances, and shall be included in any 
codification of ordinances as provided in this Charter and be designated as 
initiative ordinances. 



17.104 Transfer of Functions, Powers and Duties 

On the operative date of this Charter, all offices, agencies and 
departments of the City and County then in existence under the Charter of 
1932 shall continue to perform their functions, exercise their authority 
and fulfill their responsibilities, as they existed immediately before this 
Charter's becoming operative subject to the provisions of this Article. 
Not later than 90 days after the operative date of this Charter, each such 
office, agency and department for which this Charter does not provide shall 
cease to exist, and its functions, powers and duties shall be transferred 
to the appropriate governmental unit created by this Charter or under the 
authority of this Charter. The board of supervisors and the mayor shall 
take all action necessary to provide for the orderly transfer of functions, 
authority and responsibility on or before the date of such transfer. 

All property, records and equipment related to the exercise of 
those functions, powers and duties which are reassigned by the terms or 
under the authority of this Charter shall be transferred to the office, 
agency or department to which the assignment is made. 



1702 



17.1U5 Establishment of Audit Committee of the Board of Supervisors 

On or before the operative date of this Charter and until this 
requirement is changed by the board of supervisors, the board of 
supervisors sl.ull establish through its rules an audit committee which 
shall consist of the president of the board of supervisors, who shall serve 
as chair, and two other members of the board, appointed by the president. 
Members of trie audit committee snail not be members of the finance 
committee; hoi. ever, the chair of the finance committee shall serve ex- 
officio with no vote. The audit committee shall meet at least four times 
each year. 

The audit committee shell: 

1) Maintain a direct and separate line of communication between 
the board of supervisors and the City and County's independent auditor; 

2) I-eet with the independent auditor to review the audited annual 
financial statement and the auditor's report on such matters as the quality 
anG otpth of management, and compliance; 

3) Recommend appropriate action to be taken by the board of 
supervisors to implement recommendations contained in the audit report; 

4) Follow-up, as necessary, to ensure that approved 
recommendations dre promptly implemented; and 

5) Perform other duties as assigned by the board of supervisors. 



17.10C Changes in Offices and Positions 

Within 90 days after the operative date of this Charter, the 

mayor shall appoint a deputy mayor for management and budget. 

Tne chief administrative officer serving on August 1, 1930 and 
the controller serving on August 1,1980 shall be appointed to the offices, 
respectively, of administrative officer and controller. These offices 
shall have the functions, powers, and duties assigned by this Charter, and 
their initial terms shall expire on the second Monday in January of 1984. 

The clerk of the board of supervisors serving on August 1, 1980 
shall be appointed as clerk of the board of supervisors. This position 
shall remain a classified position as long as the person holding the 
position on August 1, 1980 remains in this position. 

On the operative date of this Charter, the administrative officer 
shall be responsible for the following functions until they are reassigned 
by the mayor: the departments of public works, government services, 
purchasing, real estate, electricity, county agriculture, and weights and 
measures; the office of the coroner; the George R. Moscone Center Project; 
ana the San Francisco clean water program. 



1703 



17.107 Changes in the Term and Nature of 
Boards and Commissions 

Those members of boards and commissions incumbent on the 
operative date of this Charter shall continue to hold office until the 
expiration of their respective terms, as prescribed by this Charter. In 
furtherance of this Section 17.107, in cases where boards and commissions 
are appointed for staggered terms and divided into categories, the mayor 
shall designate which incumbent members shall belong to categories I, II, 
III and IV, respectively. 

Within 90 days after the operative date of this Charter, the 
mayor shall appoint sufficient members to boards and commissions to fill 
all vacancies which then exist because the number of members has been 
increased by this Charter. Newly appointed members shall meet the 
qualifications required by this Charter. The mayor shall make such 
appointments for terms of such lengths that the provisions for length of 
terms contained in this Charter shall be fulfilled at the earliest 
practicable time. 

The initial members of the fine arts museums commission shall be 
those trustees of the fine arts museums incumbent on the operative date of 
this Charter, except for the mayor and the president of the recreation and 
park commission, whose terms shall end on that date. The remaining 
members shall nominate six persons to the mayor whose successors, after 
their terms expire, shall be appointed by the mayor as provided in this 
Charter. 



17.103 Annual Report Required by Ordinance 

As of the operative date of this Charter and until this 
requirement is changed by the board of supervisors, each board and 
commission of the City and County shall be required by ordinance to 
prepare an annual report describing its activities, and shall file such 
repurt with the mayor and the clerk of the board of supervisors. 

17.109 Official Fidelity Bonds 

The board of supervisors shall determine the initial fidelity 
bond requirements under this Charter within 90 days after the operative 
date of this Charter. Until the board of supervisors determines such 
requirements for officials of the City and County, the bonds existing on 
the operative date of this Charter shall be maintained. 

17.110 Transportation and Municipal Utilities 

The mayor and the board of supervisors may examine the public 
utilities commission including its departments and the department of public 
works. If it is determined that the transportation and utilities functions 
performed under the commission's jurisdiction and by that department would 
be performed to the greater benefit of the citizens of the City and County 
by reassigning those functions to departments to be known as the 

1704 



departments of transportation and municipal utilities, the mayor and the 
board of supervisors may create such departments and reassign such 
functions to those departments. A commission of five members, subject in 
all respects to the provisions for commissions in Article IV of this 
Charter, shall be created for each department. Until such departments are 
created and such functions reassigned, the department of public works shall 
remain under the direction and control of the administrative officer. 

If deemed necessary, the mayor and the board of supervisors may 
authorize a study of the public utilities commission and department of 
public works in furtherance of the above. 

17. ill Rules, Regulations and Administrative Code 

Each officer, department, agency, board and commission 
responsible for rules and regulations of the City and County under this 
Charter shall, within 90 days of the operative date of this Charter, review 
all rules and regulations for which it is responsible and amend and adopt 
rules and regulations consistent with this Charter. 

17. Hi! Protection of Incumbents 

The changes in and transfers of functions, powers and duties 
which occur at the time this Charter becomes operative shall not affect or 
impair the rights or privileges of officers or employees of the City and 
County relating to appointment, rank, grade, compensation, tenure of 
office, promotion, discipline, removal, pensions and retirement, except as 
proviaed in this Charter and in no event shall such civil service rights to 
compensation and continued civil service status be impaired or reduced. 

Whenever a position previously within the classified municipal 
civil service is, pursuant to this Charter, designated exempt from the 
civil service provisions of this Charter, the individual incumbent in such 
position at the time this Charter becomes operative shall be transferred to 
that position, but his or her civil service rights to compensation and 
continued civil service status shall not be impaired or reduced. 

If Dy the terms of this Charter, or action taken by authority of 
tnis Charter: 

1. All or substantially all of the duties of any position exempt 
from the civil service provisions of the Charter of 1932 are transferred to 
another office, agency, or department, that position shall be transferred 
to that office, agency or department and the person holding the position on 
the operative date of this Charter shall continue to hold the position and 
perform the duties in that other office, agency, or department subject to 
the provisions of this Charter; 

2. The transfer of functions, powers or duties to offices, 
agencies and departments results in the modification or discontinuance of 
the duties of any position exempt from the civil service provisions of the 
Charter of 1932, the person holding that position on the operative date of 
this Charter shall be appointed to that position the duties of which, in 
the judgment of the mayor, are most nearly comparable to the duties 
previously being performed, and shall hold that position and perform the 



1705 



functions and duties of the position subject to the provisions of this 
Charter; 

3. All or substantially all cf the duties of any civil service 
position are transferred to another office, agency or department, that 
position shall be transferred to that office, agency or department and the 
person holding the position on the operative date of this Charter shall 
continue to hold the position and perform the duties in that other office, 
agency or department subject to all the rights and privileges provided by 
the civil service provisions of this Charter; and 

4. The transfer of functions, powers or duties to offices, 
agencies ana departments results in the modification or discontinuance of 
trie duties of any civil service position, the person holding that position 
on the operative date of this Charter shall be transferred and appointed 
to, anu shall be deemed qualified for, a new or reclassified position the 
duties of which are most nearly comparable to the duties previously being 
perfunued, without examination or further compliance with any civil service 
regulations governing transfers or appointments and without reduction of 
salary or loss of pay. 



17.113 Provisions Affecting Personnel and 
the Employment Rel ationsiiip 

Not later than the operative date of this Charter, the board of 
supervisors and the mayor shall take the necessary actions, including 
adequate appropriations and reassignment of personnel from other 
departments of the City and County, to establish and staff the personnel 
uepartment and the employee relations office end to designate the chief 
loDor negotiator for the City and County, as provided for by this Charter. 

The employee relations office and the chief labor negotiator 
shall assume and carry out their responsibilities and exercise their 
authority under this Charter from and after the completion of the action 
required by the preceding paragraph, and shall conduct the annual salary 
surveys required by Appendix A of this Charter for the fiscal year ending 
June 30, 1982, and negotiate memoranda of understanding with recognized 
employee organizations, for the fiscal year ending June 30, 1983. Until 
that time, authority and responsibility for the compensation of employees 
of the City and County shall continue as if the Charter of 1932 were still 
in effect. 

The personnel department shall begin its operations and the 
performance of its assigned functions not later than the operative date of 
this Charter. 



17.114 Civil Service Rules 

The civil service commission shall adopt or reject civil service 
rules concerning recruitment, selection and appointment, so that they are 
consistent with this Charter, within six months after the personnel 
department begins its operations. The personnel director shall recommend 
such amendments to the civil service commission within three months after 



1706 



tiic personnel department begins its operations. All current rules and 
regulations shall remain in effect until superseded. 

17.11b Civil Service Examinations 

Examinations for civil service appointment, and protests of those 
examinations, snail be governed by and administered under the provisions of 
the Charter of 1932, and ordinances, rules and regulations adopted under 
the Charter of 1932, for six months after the operative date of this Charter, 
except that the personnel department shall have charge of such examinations 
when it begins operations. Thereafter, examinations for civil service 
appointment shall be governed by this Charter and the rules and regulations 
ddopted under this Charter, such rules and regulations to be adopted to 
become operative not later than six months after the operative date of this 
Charter. 



17. liu Exempt Positions 

The board of supervisors and the mayor, through the budget for 
the fiscal year ending June 30, 1982, shall designate the positions exempt 
from civil service, within the categories provided in Article X of this 

Charter. 



17.117 Temporary, Limited-Tenure and 
Provisional Appointments 

The employment of all temporary, limited-tenure and provisional 
employees, appointed under the Charter of 1932, whose appointment does not 
meet the provisions of this Charter, shall be terminated within five years 
of the operative date of this Charter in accordance with the rules and 
regulations governing layoffs, except that such temporary, limited-tenure 
and provisional employees may qualify for certification as eligibles under 
rules and regulations expressly authorized by ordinance. Such ordinance 
may establish special credit for civil service examinations for years of 
service or, through other methods, recognize the service of such employees 
who ha\/e held such employment for more than six months at the operative 
date of this Charter. 



17.11b Salaries of Elected Officials 

The salaries of all elected officials shall remain at the level 
in existence on the effective date of this Charter until changed pursuant 
to the provisions of Section 2.124 of this Charter. 



17.119 District Election Provisions 

The following provisions shall be inserted in this Charter in 
accordance with Section 2.100 of this Charter. 

2.100 Composition 

1707 



districts, 



Tfit; board of supervisors shall consist of 11 members elected by 



2.101 Districts 



There shall be 11 supervisorial districts which shall be 
described by ordinance, and numbered one through eleven, respectively. The 
board of supervisors shall adjust the boundaries of supervisorial districts 
following each Federal decennial census. No change in the boundary of any 
district shall disqualify a supervisor from serving the remainder of the 
term for which elected. 

2.102 Term of Office 

Each member of the board of supervisors shall be elected at a 
general municipal election and shall serve a four year term commencing 
orithe second Monday in January following election and until a successor 
qualifies. Members representing even-numbered districts shall be elected in 
liiol and tMery four years thereafter. Members representing odd-numbered 
districts shall be elected in 1983 and every four years thereafter. 

2.104 Meetings 

Ttie board of supervisors shall meet at the legislative chamber in 
city hell at 12:00 noon on the second Monday in January in each even- 
numbered year. Thereafter, regular meetings shall be held on such dates and 
at such times as shall be fixed by ordinance. Special meetings shall be 
called in the manner established by the board of supervisors. 

2.122 President of the Board of Supervisors 

At its regular meeting on the second Monday in January in even- 
numbered years, the board of supervisors shall elect one of its members 
president for a two-year term. If a vacancy in the office of president of 
the board of supervisors shall occur prior to the end of the term, the 
board of supervisors shall elect one of its members to fill the unexpired 
portion of the term. The president shall preside at all meetings, appoint 
all standing and special committees, assign legislation to committees, and 
have such other powers and duties as may be assigned by the board of 
supervisors. 

13.101 Terms of Elective Office 

Except in the case of an appointment or election to fill a 
vacancy, the term of office of each elected officer shall commence at 12:00 
noon on the second Monday in January following the date of election. 

Subject to the applicable provisions for municipal runoff 
elections, the elected officers of the City and County shall be elected as 
follows: 

At the general municipal election in 1981 and every fourth year 
thereafter, supervisors from even-numbered districts, a city attorney, and 
a treasurer shall be elected. 



1708 



At the statewide primary election in 1932 and every fourth year 
thereafter, an assessor and a public defender shall be elected. 

At the statewide general election in 1982 and every fourth year 
thereafter, three members of the board of education and three members of 
the governing board of the community college district shall be elected. 

At the general municipal election in 1982 and every fourth year 
thereafter, a mayor, supervisors from odd-numbered districts, a sheriff, 
and a district attorney shall be elected. 

At the statewide general election in 1984 and every fourth year 
thereafter, four members of the board of education and four members of the 
governing board of the community college district shall be elected. 

No person shall be eligible for a period of one year after the 
last day of service as mayor or member of the board of supervisors for 
appointment to any full-time position carrying compensation with the City 
and County. 

13.102 Municipal Runoff Elections 

If no candidate for any elective office of the City and County, 
except the board of education and the governing board of the community 
college district, receives a majority of the votes cast at an election for 
such office, the two candidates receiving the most votes qualify to have 
their names placed on the ballot for a municipal runoff election. 

13.105 Nomination 

o) Signatures of not less than 20 nor more than 30 electors, who, 
in the case of elections by district, shall reside in the respective 
districts. 

13.106 Qualification 

Each candidate for an elective office of the City and County shall 
be an elector, and each elected officer shall continue to be an elector 
during the term of the office. In the case of elections by district, the 
candidate or officer shall also reside in the particular district. 

14.103 Recall 

A recall petition other than with respect to a member of the 
board of supervisors shall include the signatures of voters in a number 
equal to at least ten percent of the votes cast for all candidates for 
mayor in the last preceding general municipal election for mayor. A recall 
petition with respect to a member of the board of supervisors shall include 
the signatures of voters residing within the supervisorial district which 
such member represents in a number equal to at least fifteen percent of the 
votes cast for all candidates for mayor in such supervisorial district at 
the last preceding general municipal election for mayor. A recall petition 
shall state the grounds on which the recall is based. 



1709 



Article XVI Definitions 

[to be inserted in the proper alphabetical sequence.] 

"Municipal Runoff Election" shall mean the election to be held in 
the City and County to fill an office, other than the board of education 
and the governing board of the community college district, following an 
election for such office at which no candidate received a majority of the 
votes cast. 



17.120 At-Large Election Provisions 

The following provisions shall be inserted in this Charter in 
accordance with Section 2.1U0 of this Charter. 

2.100 Composition 

The board of supervisors shall consist of eleven members elected 
at-large. 

2.101 Districts 

[Delete this section and renumber subsequent sections 
accordingly.] 

2.102 Term of Office 

Each member of the board of supervisors shall be elected at a 
general election and shall serve a four year term commencing on the eighth 
day in January following election and until a successor qualifies. 

2.104 Meetings 

The board of supervisors shall meet at the legislative chamber in 
city hall at 12:00 noon on the eighth day in January in each odd-numbered 
year. Thereafter, regular meetings shall be held on such dates and at such 
times as shall be fixed by ordinance. Special meetings shall be called in 
the manner established by the board of supervisors. 

2.122 President of the Board of Supervisors 

At its regular meeting on the eighth day in January in odd- 
numbered years, the board of supervisors shall elect one of its members 
president for a two-year term. If a vacancy in the office of president of 
the board of supervisors shall occur prior to the end of the term, the 
board of supervisors shall elect one of its members to fill the unexpired 
portion of the term. The president of the board of supervisors shall 
preside at meetings, appoint all standing and special committees, assign 
legislation to committees, and have such other powers and duties as may be 
assigned by the board of supervisors. 

13.101 Terms of Elective Office 

Except in the case of an appointment or election to fill a 

1710 



vacancy, the term of office of each elected officer shall commence at 
12:00 noon on the eighth day in January following the date of election. 

Subject to the applicable provisions for municipal runoff 
elections, the elected officers of the City and County shall be elected as 
follows: 

At the general municipal election in 1981 and every fourth year 
thereafter, a city attorney and a treasurer shall be elected. 

At the statewide general election in 1932 and every fourth year 
thereafter, five members of the board of supervisors, three members of the 
board of education and three members of the governing board of the 
community college district shall be elected. 

At the general municipal election in 1983 and every fourth year 
thereafter, a mayor, a sheriff, and a district attorney shall be elected. 

At the statewide general election in 1984 and every fourth year 
thereafter, six members of the board of supervisors, four members of the 
board of education, and four members of the governing board of the 
community college district shall be elected. 

No person shall be eligible for a period of one year after the 

last day of service as mayor or a member of the board of supervisors for 

appointment to any full-time position carrying compensation with the City 
and County. 

13.102 Municipal Runoff Elections 

If no candidate for any elective office of the City and County, 
except the board of supervisors, the board of education, and the governing 
board of the community college district, receives a majority of the votes 
cast at an election for such office, the two candidates receiving the most 
votes qualify to have their names placed on the ballot for a municipal 
runoff election. 

13.10b Nomination 

3) Signatures of not less than 20 nor more than 30 electors. 

13.106 Qualification 

Each candidate for an elective office of the City and County 
shall be an elector, and each elected officer shall continue to be an 
elector during the term of the office. 

14.103 Recall 

A recall petition shall include the signatures of voters in a 
number equal to at least ten percent of the votes cast for all candidates 
for mayor in the last preceding general municipal election for mayor. A 
recall petition shall state the grounds on which the recall is based. 

Article XVI Definitions 

1711 



[to De inserted in the proper alphabetical sequence." 

"Municipal Runoff Election" shall mean the election to be held in 
tnt City and County to fill an office, other than the board of supervisors, 
the board of education, and the governing board of the community college 
district, following an election for such office at which no candidate 
received a majority of the votes cast. 

17.121 Preparation and Indexing of this Charter 

The city attorney shall correct typographical errors and prepare 
and incex prior to tne operative date and publication of this Charter. 






1712 



1^